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.




Comments [5]

  • 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

      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.


Post a comment

Your email address will not be published. Required fields are marked *

Your Franchise Selection

Click the button below to register your interest with all the franchises in your selection

Request FREE Information Now

Your Franchise Selection

This franchise opportunity has been added to your franchise selection

image

title

Click the button below to register your interest with all the franchises in your selection

Request FREE Information Now


You may be interested in these similar franchises