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Transfer of undertakings: Regulations made restrictive covenant negotiated by transferee with transferor's employee unenforceable

This report relates to 1 case(s)

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    Credit Suisse First Boston (Europe) Ltd v Lister [1998] IRLR 700 CA (0 other reports)

A covenant entered into by an employee of the transferor of an undertaking with the transferee that he would not join a competitor for three months after termination of his employment was unenforceable by virtue of the Transfer of Undertakings Regulations, holds the Court of Appeal in Crédit Suisse First Boston (Europe) Ltd v Lister [1998] IRLR 700. The transfer was the reason for this change in the terms of the employee's employment, and he could not waive his rights under his contract with the transferor.