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Chapter 12
Changes for a reason unconnected to the transfer
[ch 12: page 403]Contractual variations that are unconnected to the transfer have always been allowed under TUPE, although they must be agreed, as in any non-transfer situation (see Chapter 3). For example:
Mr Barry was transferred to the private sector from an NHS Trust on Whitley Council terms, which included an enhanced redundancy payment. His new employer promoted him and gave him new contract terms including a pay rise. However, his new contract terms gave him only statutory redundancy. When he was eventually made redundant, his claim for an enhanced redundancy payment failed because his original contract had been varied for a reason unconnected to the transfer, namely his promotion.
Barry v Bateman Catering [2002] UKEAT1515/00/1204