Variation of Terms and Conditions Prior To Transfer Unenforceable

Posted in : LK Shields on Employment Law on 26 May 2020
Éinde O'Donnell
A&L Goodbody LLP
Issues covered:


The UK Employment Appeals Tribunal (“EAT”) recently issued an important decision in Ferguson & Others -v- Astrea Asset Management Limited which dealt with the improvement by business owners and directors of their terms and conditions in anticipation of a TUPE transfer.  

This case raises a number of interesting legal principles which we will consider from an Irish perspective.

Factual Background

Mr Ferguson and the three other claimants were directors of Lancer Property Asset Management Limited (“Lancer”) and beneficial owners of its holding company.  Two of the claimants were also employees of Lancer which was a one client estate management company managing an

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This article is correct at 26/05/2020

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Éinde O'Donnell
A&L Goodbody LLP

The main content of this article was provided by Éinde O'Donnell . Contact telephone number is + 353 649 2319 or email

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