How long are terms protected?

For transfers that took place before 31 January 2014, there is no time limit on TUPE protection.

For transfers in England, Wales and Scotland on or after 31 January 2014, the answer depends on whether the term is incorporated from a collective agreement. Individual contract terms stay protected indefinitely. By contrast, terms incorporated from a collective agreement are only protected for a year following the transfer date, as long as any change is “no less favourable overall” (see page 62). For the position in Northern Ireland, see the box on page 11.

In both cases, the more time that passes, the harder it becomes to show that the transfer is the reason for a contract change, as opposed to some unrelated reason.