How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 40512
Experience:  Expert in UK Employment Law
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

Hello. Last year you kindly answered my questions regarding

Resolved Question:

Last year you kindly answered my questions regarding TUPE. With the information you gave I was able to stall the proposed changes the management wanted to put in place. However on the 1st July a national change to NHS mileage rates came into force and I fear this is being used to again overrule the TUPE agreement. I contacted management on Monday to confirm that the agreement will remain unchanged , despite the changes, for the remainder of the agreed term. They have advised that this is a change not linked to my TUPE transfer so the changes apply from 1st July as per the national agreement. If this is the case then the TUPE agreement is now worthless. Can they use this change to get out of their TUPE responsibilities? Your advice would be most welcome. Geoff.
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You say this is a national change - would it apply to all NHS employers?


Yes it would, assuming they have staff who have need to claim for mileage allowance.

Ben Jones :

As far as TUPE protection goes, changes to an employee's contract is unlawful if the reason for the changes is the TUPE transfer itself or a reason connected to the transfer.


It is possible under regulation 4(5) of TUPE to make changes to employment terms before or after a transfer where the sole or principal reason is either:

  • A reason unconnected with the transfer.

  • A reason connected with the transfer which is an economic, technical or organisational (ETO) reason.


So TUPE does not provide a bulletproof defence against contractual changes. Exceptions are allowed as long as the employer can show that they were for one of the allowed reasons mentioned above.


In this case, this is a nation-wide change which is going to affect all NHS employers and it is likely that they can justify that it was a reason which is unconnected with the transfer. Even if that is not the case it is still possible to potentially try and include it in the ETO reason exception.


Of course if you want to challenge this you may do so but you will have to take this to the employment tribunal and convince them that the changes were actually linked to the transfer. This may not necessarily be easy in the circumstances.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Ben Jones, Solicitor
Satisfied Customers: 40512
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones


    Satisfied Customers:

    Expert in UK Employment Law
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones


    Satisfied Customers:

    Expert in UK Employment Law
  • Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    10 Years of experience in Employment Law and HR
  • UKSolicitorJA's Avatar



    Satisfied Customers:

  • John Knox's Avatar

    John Knox


    Satisfied Customers:

    Solicitor and Advocate
  • Kasare's Avatar



    Satisfied Customers:

    LLB (Hons)
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor