Katie Clark

Nov 7, 2023 | employeebenefitsblog.com | Katie Clark |Paul Mcgrath |Charlotte Moorhouse

The recent decision in Ponticelli Limited v Gallagher provides a salient reminder that the right to participate in a share incentive plan can transfer to a new employer under the Transfer of Undertakings (Protection of Employment) Regulations. The right applies even if the employee’s right to participate in the plan arose outside of the contract of employment.

Sep 13, 2023 | lexology.com | Katie Clark |Paul Mcgrath |Charlotte Moorhouse

In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the employee’s right to participate in it arose outside of the contract of employment. The transferee employer was therefore obliged to provide a substantially equivalent share incentive scheme after the transfer.

Sep 13, 2023 | lexology.com | Katie Clark |Paul Mcgrath |Charlotte Moorhouse

In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the employee’s right to participate in it arose outside of the contract of employment. The transferee employer was therefore obliged to provide a substantially equivalent share incentive scheme after the transfer.