| Commentary

(d) TUPE and variation

| Commentary

(d)     TUPE and variation

In one particular case, the normal rules on contractual variation are, in effect, suspended. If there has been a TUPE transfer, any post-transfer change of terms and conditions of the transferred employees by the new employer is void if it is 'transfer-related', even if it was freely entered into, for good consideration and otherwise valid in contract law (Wilson v St Helens BC [1998] IRLR 706, [1998] ICR 1141, HL; see F [138]). This position and this seminal case is now enshrined in the Transfer of Undertakings (Protection of Employment)

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