Chapter 12
TUPE and contract change
[ch 12: page 477]Any change to a contract term in breach of TUPE is void. This is the case whether or not employees agreed to the change, and even if the employer “paid” for the change, for example, with a pay rise or extra holiday. This is based on EU law. Individual employees are not allowed to give up their statutory protections under the Acquired Rights Directive (Wilson v St Helens Borough Council [1998] IRLR 706).
Following changes to TUPE made in January 2014, in England, Wales and Scotland (but not Northern Ireland) the law treats changes to contract terms differently depending on whether the relevant term is “incorporated from a collective agreement” (regulation 4(5B) TUPE, as amended). This difference is explained below.