LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 5

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).