How long are contract terms protected?

For transfers that took place before 31 January 2014, there is no time limit to the protection provided to terms and conditions under TUPE. For all transfers after that date, there is no time limit to the protection provided to an “individual” contract term that is not incorporated from a collective agreement. The position is now different where the contract term has been incorporated from a collective agreement, as explained on page 400.

In all cases, the more time that passes after a transfer, the harder it becomes to show that the transfer was the reason for any contractual change, as opposed to some unconnected reason such as a downturn in economic conditions.