Contract terms changes are void if the main reason for the change is the transfer itself or a reason connected with the transfer, which is not an economic, technical or organisational reason involving changes to the workforce.

The EAT so decided in a case concerning the 1981 Regulations. However, it ruled that the principle only applies to changes to the detriment of an employee rather than those which are beneficial. Presumably these principles apply equally to the new 2006 TUPE Regulations?

Employers should be aware that if new terms are given to employees, they could potentially pick and choose terms from the old and new contract, depending on which are the most favourable.

Power -v- Regent Security Services