How long are contract terms protected by TUPE? 




Where the transfer took place before 31 January 2014, there is no time limit to the protection provided to terms and conditions under TUPE. 


For all transfers after 31 January 2014 in England, Wales and Scotland (but not Northern Ireland), there is no time limit to the protection of a contract term unless it has been incorporated from a collective agreement, in which case the provisions set out on page 444 apply. 




In all cases, the more time that passes, the harder it is to show that the transfer was the reason for any contractual change, as opposed to some unconnected reason, such as an economic downturn, or the offer of a new role.