Changes to non-contractual working practices

TUPE only gives transferred employees the same rights as they had against the original employer, not better rights. For example, a genuinely discretionary term or non-contractual working practice agreed with the old employer remains discretionary or non-contractual under the new employer. However, even a change to non-contractual working practices or benefits can be a substantial change to the employee’s material detriment, entitling the employee to resign and bring a claim under regulation 4(9) of TUPE. In its consultation on TUPE, published in 2013, the government has indicated that it intends to limit the ability of employees to use TUPE to challenge detrimental changes to non-contractual working practices.