Mr Barry was a deputy catering manager for Dewsbury NHS Trust. Under the Whitley Council terms, he was entitled to an enhanced redundancy payment. When the business was transferred to Bateman Catering, his employment went with it, complete with his terms and conditions, including the right to an enhanced redundancy payment.

He was later offered promotion to Catering Manager with new contract terms. He negotiated better annual leave and sick pay plus a back-dated pay increase. However, the new role entitled him to statutory redundancy only. When he was later made redundant, he claimed an enhanced redundancy payment, based on the original Whitley Council terms. His claim failed. The EAT said that his original contract was varied through negotiation between the parties, for reasons unrelated to the transfer.

Barry v Bateman Catering [2002] UKEAT1515/00/1204