Changes to non-contractual working practices due to transfer
[ch 5: page 62]TUPE gives transferred employees the same rights as they had against the original employer — not better rights. For example, a discretionary term or non-contractual working practice retains the same status under the new employer. However, even a change to non-contractual working practices or benefits can be a substantial change to the employee’s material detriment, entitling the employee to resign and bring a claim under Regulation 4(9) of TUPE (see page 32).