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Credit Suisse First Boston (Europe) Ltd v Lister

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Court
  
Court of Appeal

End date
  
October 16, 1998

Decided
  
16 October 1998

Credit Suisse First Boston (Europe) Ltd v Lister httpsuploadwikimediaorgwikipediacommonsthu

Citation(s)
  
[1998] EWCA Civ 1551, [1999] ICR 794

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Credit Suisse First Boston (Europe) Ltd v Lister [1998] EWCA Civ 1551 is a UK labour law case, concerning the effects of a business transfer on an employee's rights at work.

Contents

Facts

The transferee of the business that Mr Lister worked for, Credit Suisse, put a gardening clause into 209 employees’ new contracts. Mr Lister, who had been the head of European Equities, sought an injunction. The employees also had some advantageous new terms from the old ones under Barclays de Zoete Wedd.

Judgment

Clarke LJ held that the gardening clause was contrary to the purpose of now TUPER 2006 regulation 4 and contrary to the purpose of the Business Transfers Directive.

References

Credit Suisse First Boston (Europe) Ltd v Lister Wikipedia