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Contract changes unconnected to the transfer
[ch 12: page 446]Contract changes for reasons unconnected to a TUPE transfer have always been allowed, although they must be agreed just like any normal contract change (see Chapter 3):
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 and a pay rise. But his new contract terms provided only statutory redundancy pay. 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. He was no longer entitled to Whitley Council terms.
Barry v Bateman Catering [2002] UKEAT1515/00/1204