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Transfer of undertakings: Employees may rely on advantageous variations to contractual terms

This report relates to 1 case(s)

In Power v Regent Security Services Ltd [2007] IRLR 226 EAT, a case brought prior to the 2006 TUPE Regulations coming into effect, the EAT holds that an employee could enforce a contractual variation agreed with the transferee, even though the transfer was the reason for the change. It was not open to the employer to seek to resile from the change on the grounds that the variation was by reason of the transfer itself and therefore void.