I was TUPE’d from company A to B about a year ago. I just found out that company B will not be honouring company A’s maternity pay package [they say it is not written in my contract] and will be paying the statutory rate only. This is a big shock to me and my partner so I would very much like to find out if company B has got the right to ignore my initial entitlement with company A?
If the maternity package is not set out in your contract of employment this does not mean that it is not applicable to you. It is common to have maternity provisions including Company maternity pay set out in a maternity policy or in a Handbook.
I assume that when you were TUPE’d across to your current employer, you received communication that your terms and conditions remain the same once you TUPE from Company A to B. If you did then you can provide this as evidence to Company B and inform them that you were entitled to company maternity pay prior to the Transfer and therefore you are entitled to it now. You should explain that by failing to do so, they would be in breach of the TUPE Regulations and it would amount to a breach of contract and in addition it could potentially amount to a fundamental breach of the implied duty of trust and confidence.