How long are terms protected?

For transfers that took place before 31 January 2014, there is no time limit on the right to maintain terms and conditions under TUPE. It makes no difference to this protection that the changes themselves are made after 31 January 2014.

For transfers on or after 31 January 2014, the answer depends on whether or not the term is incorporated from a collective agreement. Individual contract terms continue to be protected indefinitely from variation in breach of TUPE. By contrast, terms incorporated from a collective agreement are only protected for a year following the transfer date, as long as any change made after that date is agreed and meets the conditions explained on page 59.

In both cases, the more time that passes after the transfer, the harder it becomes to show that the transfer is the reason behind any contractual change. Over time, an employer can start pointing to reasons unrelated to the transfer, for example, difficult economic conditions, a promotion, a mistake, a desire to reorganise functions, or even simply a plan to improve efficiency and performance (see page 64) to justify change.