Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Variation definition

What does Variation mean? A variation is a change to the agreed works, services, specification, quantities, timing or price after the contract has been formed. The term is descriptive rather than statutory, but is commonly defined and regulated in standard forms (for example, JCT “variations”; NEC uses “compensation events”) and in bespoke change control provisions. Variations are usually governed by a Change Protocol or change control procedure that sets parameters for instructing, approving and pricing changes, allocating risk, and adjusting programme, milestones and payment. valuation typically follows contract rates, dayworks or a reasonable cost basis. Proper authority, notices and records are critical. Key legal...

Varying Terms after a TUPE Transfer: Validity, ETO Reasons, Collective Agreements, Harmonisation and the Statutory Dismissal-and-re-engagement Code

Published by a LexisNexis Employment expert

Practice notes

This Practice Note explains how the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, influence an employer’s scope to amend Contractual terms and conditions of employment.

TUPE—the pre-January 2014 position [Archived]—Variation of contract terms

For details of the position in cases where:

the relevant transfer under TUPE 2006 occurred before 31 January 2014; or
the purported variation was agreed before 31 January 2014 (or, if not agreed, it began to take effect prior to that date)

This Practice Note includes references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether CJEU judgments are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. EU-derived legislation—such as much of TUPE 2006—enacted to fulfil UK obligations under EU law (for example, implementing Directive 2001/23/EC, the Acquired Rights Directive (ARD)) forms part of assimilated law. For further information, see Practice Note: Assimilated law...

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Hannah Swindle

Gowling WLG

Hannah has broad experience in helping private and public sector clients effectively manage employee risk. She advises on the full range of employment work, working with clients.to resolve employment law issues quickly and efficiently. Hannah has a particular emphasis on employment matters arising from TUPE, insolvency and restructuring. She regularly advises public and private sector clients in planning for and managing TUPE transfers in the context of first and second generation outsourcing, business sales and restructuring. She provides pragmatic advice on all aspects of the process including procurement, negotiation of appropriate contractual protections, provision of employee information, consultation with unionised and non-unionised workforces and post-transfer integration and change processes. Hannah provides clients with sensible and effective support and solutions for their day-to-day employee problems, focussing on achieving the best outcome for the client, in line with their priorities and aims. She has...

Web page updated on 22/05/2026

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