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What happens to maternity leave if the business changes owners?
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.
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Comments [7]
Laura says:
I am on maternity and due to TUPE across to a new organisation at the end of our financial year. My current organisation have issued a blanket statement that no annual leave will be allowed to move over to the new organisation.
My understanding is they legally have to move the balance with me or pay me for it. When I asked my current organisation they simply said I will have to ask my new organisation. I’m confused as I thought the liability would be with the old organisation.
Mandy Garner says:
Hi, On a TUPE transfer, the remaining balance of an employee’s accrued but untaken annual leave entitlement for the holiday year transfers to the new employer. The old employer therefore does not have to pay the employee for accrued but untaken holiday up to the TUPE transfer.
Naomi says:
I am on Mat leave until April. My company lost the contract and as a result everyone is being TUPE’d over. I recieved a letter in August that basically said thanks and goodbye but have had no communication since. The contract transfers in 3 weeks is this normal?
Mandy Garner says:
Do you mean that you have been made redundant or that you are being transferred? You should have been fully informed of the transfer process in the same way that your colleagues have been.
Naomi says:
I am supposed to be transferring but I’ve still had no further communication. I spoke to a friend that works there and she said they had meetings with the new company giving them a chance to meet and ask questions. I’ve not been invited to anything
Faheemah says:
I am currently on maternity leave and my company did not TUPE me over as they thought I would like to stay with them. Legally where do I stand? I would like to move over to the other company but they will not accept me anymore as it is past the deadline.
Mandy Garner says:
Was there a consultation about this and were you left out of it due to being on maternity leave?