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Power v Regent Security Services Ltd - TUPE: Employers beware [2007] EAT

Employers, or at any rate their legal advisers, are generally well aware that changes to employment contracts made "by reason of" a TUPE transfer are void. The EAT has now ruled that this is so only if the change was to the detriment of the employee. If it is to his benefit the change will be valid. A Mr Power had a contractual retirement age of 60. There was a change of employer as a result of a TUPE transfer. Regent, the new employer, changed his retirement age to 65, a change which all parties agreed was "by reason of the transfer".

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