The terms and conditions of employees’ contracts will transfer to the new employer, as will existing collective agreements.
If you are the new employer and need to make changes to the contract, your obligations will depend upon whether the changes relate to the transfer or not. Changes relating to the transfer must be due to an economic, technical or organisational reason, or must improve the terms and conditions. This protection applies throughout the employment, no matter how long after the transfer. Changes not relating to the transfer may be made by agreement, like all employment contracts
If you do not meet the terms of your employees’ contracts or try to force changes, they may claim for breach of contract. If the breach is serious enough to end the contract, you could also face claims for constructive dismissal
New employees do not have an automatic right to the same terms and conditions as existing employees. However, you may find that bringing terms in line (by improving terms and conditions where necessary) could benefit your business by making it easier to manage staff and avoiding discrepancies that could lead to disputes.
We can help you understand whether the changes you wish to make are allowed by TUPE, and how to make the changes legally.