Contract changes for a reason unconnected to the transfer

Changes for a reason unconnected with the transfer have always been allowed under TUPE, although they must be agreed, just as they must be in any non-transfer situation. 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 including enhanced redundancy. His private sector employer gave him new contract terms, including a promotion and a pay rise, but his new contract gave him only statutory redundancy. When he was later made redundant, his claim for enhanced contractual redundancy under the collective agreement failed, because his original contract had been varied for a reason unconnected to the transfer, namely his promotion.