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Chapter 8
Changes permitted by the employment contract
[page 66]TUPE does not prevent a variation of the contract of employment if the terms of the contract already permit the employer to make such a variation (Regulation 4(5)(b) TUPE). This might cover a specific work flexibility or mobility clause. It could also cover the wide-ranging type of variation clause in Bateman v Asda Stores Ltd [2010] IRLR 370 (see Chapter 7).