TUPE and changes to individual contract terms

For all transfers on or after 31 January 2014 in England, Wales and Scotland, changes to individual contract terms are void if the sole or main reason for the change is the transfer, unless that reason is an economic, technical or organisational (ETO) reason entailing changes to the workforce ((Regulations 4(4) and 4(5), TUPE, as amended, see page 60).

Even if the main reason for a change is the transfer and there is no ETO reason for the change, the employer is allowed to make the change if the employment contract contains a valid express contract term that allows the employer to impose the change without the employee’s consent (Regulation 4(5)(b), TUPE, as amended, see page 62) (Regulations 4(4) and 4(5), TUPE, as amended. The position in Northern Ireland is different. See the box on page 11.