Taking with one hand and taking with the other - TUPE Related Changes to Contracts
by Liam
The Court of Appeal have handed down their decision in Regent Security Services Limited v Power. The case concerns the TUPE Regulations and the rule that detrimental changes to transferring employees’ contracts are not enforceable. The question for the Court of Appeal was whether changes for the benefit of transferring employees were enforceable if related to a TUPE transfer.
Employers could be forgiven for taking the view that if detrimental changes can not be relied on by the employer, the employee should not be able to rely on beneficial changes. This was not what the Court of Appeal decided. Employees can take new beneficial changes connected to a TUPE transfer with one hand and take old more beneficial (unchanged) terms with the other.
It is worth mentioning that any changes, whether detrimental or not, that are not related to a TUPE transfer, are still enforceable. This means that following a change of job e.g. promotion, new terms can be offered and such terms should be enforceable.
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