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I was on maternity leave when another company took over the contract I was working on. I could not attend the TUPE consultation meeting, but I texted the manager of the new company that I am not coming back to work as I’m planning to start studying after maternity. What company am I employed with in terms of final wages, and who is liable for any holidays left?
During TUPE, you will automatically become an employee of the incoming employer at the date of transfer, even on maternity leave. As an employee you should continue with the same terms and conditions of employment under the incoming employer as you did with your previous employer.
As part of the process the new employer may seek information from you about issues such as staff maternity pay entitlements. This is because, under the TUPE process, the incoming employer inherits the employer’s obligations in respect of contractual pay and benefits.
The new company will be liable to pay your maternity pay from the date of transfer, provided that you satisfied all the qualifying conditions for SMP. If you maternity pay has stopped by the time you transfer then you will still be entitled to the accrued holiday (if any) to be used during employment with the new employer or if you are leaving then it should be paid to you – as per your terms with your previous employer.