Changes to terms and conditions

Regulation 4 of TUPE provides some limited scope for transfer-related variation of terms and conditions, with the agreement of the employees concerned. Regulation 4 has been changed significantly by the 2014 Regulations. The broad effect of these changes, taken together, is to make it easier to change terms and conditions after a TUPE transfer, especially where contract terms are incorporated from a collective agreement negotiated by a trade union. These changes to Regulation 4 are only relevant where the transfer takes place on or after 31 January 2014. The changes are discussed in detail in Chapter 5.