Transco plc v O'Brien [2002] EWCA Civ 379 is a UK labour law case concerning the contract of employment.

Pill LJ gave the judgment for the Court of Appeal held that Mr O'Brien was an employee and that there had been a breach of contract.

In this case, for good commercial reasons the appellants decided to offer their workforce (the relevant part of which was over 70 strong) a new contract on better terms.

Whether the form of the change proposed by the employer is by way of variation or by way of a new contract is not in itself of great importance: the context and the substance of the matter must be considered.

To deprive one member of a large workforce of the same opportunity as offered to all his fellow workers is a clear breach of the implied term, in my view.Longmore LJ and Sir Martin Nourse agreed.