Regent Security Services Ltd v Power

Regent Security Services Ltd v Power

The consensual variation of Mr Power’s contractual retiring age from 60 to 65 following the TUPE transfer was not void. TUPE and the Directive protect employees’ acquired rights but do not prevent them from obtaining additional rights from the transferee employer. Mr Power is entitled to enforce the more favourable term agreed with Regent, and Regulation 12 does not allow the employer to avoid the variation.

Parties
Appellant: Regent Security Services Limited; Respondent: Mr MD Power
Jurisdiction
England and Wales
Judgment Date
20 November 2007
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings (tupe), Variation of Employment Contracts, Retirement Age, Employee Rights, Contractual Waiver
Employment Law Labour Law European Union Law Transfer of Undertakings (tupe) Variation of Employment Contracts Retirement Age Employee Rights Contractual Waiver

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regent Security Services Limited

Appellant

Mr MD Power

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether consensual variation of contractual retiring age from 60 to 65 following a TUPE transfer is void under Regulation 12 of TUPE 1981
  2. 2 Whether the employee can enforce a more favourable term agreed with the transferee employer post-transfer

Ratio Decidendi

The consensual variation of Mr Power’s contractual retiring age from 60 to 65 following the TUPE transfer was not void. TUPE and the Directive protect employees’ acquired rights but do not prevent them from obtaining additional rights from the transferee employer. Mr Power is entitled to enforce the more favourable term agreed with Regent, and Regulation 12 does not allow the employer to avoid the variation.

Court Disposition

Appeal dismissed

Orders

  • Regent Security Services Limited to pay Mr Power’s costs of the appeal in the sum of £31,842.58 including VAT