What if the transferee’s terms are better?

TUPE protects a transferred employee’s existing employment rights. It does not improve on them.

For example, if enhanced redundancy pay was discretionary under the old employer, it remains discretionary under the new employer.

Similarly, if the new employer’s staff enjoy better terms and conditions, the transferring employees have no right under TUPE to insist on those terms.

For example, in Jackson v Computershare Investor Services plc [2007] EWCA Civ. 1065, an employee was transferred into a business that offered enhanced redundancy to existing staff. On being made redundant, Jackson was refused the enhanced redundancy package. This was not a breach of TUPE.