Credit Suisse First Boston (Europe) Ltd v Lister

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Credit Suisse Ltd v Lister
Canary Wharf - Credit Suisse.jpg
Court Court of Appeal
Decided 16 October 1998
Citation(s) [1998] EWCA Civ 1551, [1999] ICR 794
Business transfer, TUPE

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.


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.


Clarke LJ held that the gardening clause was contrary to the purpose of now TUPER 2006 regulation 4[1] and contrary to the purpose of the Business Transfers Directive.

See also[edit]


  1. ^ TUPER 1981 r 5


External links[edit]