reorganisation of public administrative authorities' will fall outside TUPE's scope is still unknown in its effect, r.3(5) 4. Effect of relevant transfer on contracts of employment the core of this law, r.4(1) provides that employment contracts 'shall have effect after the transfer as if originally made between the person so employed and the transferee'. So new business buyers cannot escape the old business' obligations to its workforce it also points out that to fall within the protection of TUPE, you had to have had an employment contract "immediately before the transfer", r.4(3). This was the issue in Litster v Forth Dry Dock [1989] ICR 341, where a relaxed and purposive interpretation was given. So, "immediately" can really mean a while, with wiggle room. in r.4(4) it says that variations of employment terms 'shall be void' if the main reason is the transfer itself or 'a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce.' In r.4(5) it is emphasised that employees and employers can agree to change terms where this is not the case. The normal rule is that even consensual agreements are void. where an employee objects to the change in the identity of the employer, then r.4(7) states he will not transfer to the new employer. He is to be treated as if his contract terminated when the transfer takes place, but that he is not dismissed (unless of course the employer actually does dismiss him), r.4(8). This issue came up in Wilson v St Helens Borough Council [1999] 2 AC 52; where the contract is varied detrimentally on transfer, employees can treat themselves as dismissed by the employer. In the Humphreys case (University of Oxford v Humphreys (1) and Associated Examining Board (2) [2000] ICR 405, Court of Appeal) it was decided that an employee who resigns on or before a TUPE transfer because of well-founded fears that the new owner intends to impose worse terms and conditions of employment than those provided by the original owner can claim constructive wrongful dismissal against the original owner. Also, the Tapere case ruled on the interpretation of mobility clauses, and where a relevant transfer involves a substantial change in working conditions which is to the employee's material detriment, held that "detriment" should be considered using the subjective approach which applies in discrimination law. 5. Effect of relevant transfer on