Introduction ⚓︎

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 estate of considerable value in London.  The other two