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 discretionary (as opposed to a contractual) term or working practice remains discretionary under the new employer. But note that even a non-contractual change to 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.