Changes for a reason unconnected to the transfer

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, in Barry v Bateman Catering [2002] UKEAT1515/00/1204, Mr Barry was transferred to the private sector from an NHS Trust on Whitley Council terms, which included an enhanced redundancy payment. His private sector employer later promoted him, with new contract terms, including a pay rise, but his new contract terms gave him only statutory redundancy. When he was later 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.