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 that date, there is no time limit to the protection provided to a contract term that is not incorporated from a collective agreement. The position is different for contract terms incorporated from a collective agreement, as explained on page 441. 


In all cases, the more time that passes after a transfer, the harder it becomes to show that the transfer was the reason for any contractual change, as opposed to some unconnected reason, such as an economic downturn.