I am currently working for the NHS and am due to go on maternity leave soon. With my service length I am entitled to a good NHS maternity package on top of my statutory maternity pay. We have been advised that we may be TUPE’d to a new private health care provider two months into my maternity leave. Will the new company have to honour my NHS maternity package?
If the business is taken over as part of a TUPE process and the TUPE regulations apply then the continuity of employment won’t be broken. If your contract as an employee is being taken over as part of these regulations then the terms and conditions as part of this should be protected.
The T&Cs in the contract shouldn’t be affected and would be protected. However the T&Cs could be varied if there was a certain reason for a change in them i.e if the new employer wanted to harmonise them. It would need to be an economic, technical or social reason – to make changes in the workforce.
The new employer may want to change the T&Cs, but they will need to consult. This is the same if they wanted to make redundancies. T&Cs should be protected, but they could change them if there was a reason to, but this would need to be discussed with a solicitor and it would need to come under the reasons above.
So basically they can make the changes to the contract, but it needs to be justified as above and if they do it will have to be with full consultation.
From previous experience I have found they usually keep the T&Cs the same, especially for those on maternity leave.