Time off for Doctors/Dentist etc and TUPE

oscar52 · 21 April 2009 at 7:43PM

Previously, my employer gave time off for appointments during working hours, upto 2 hrs - all paid.

My employer then got taken over / merged with another company.

Recently, the "new" employer has stated they do not recognise this and any time off now will be discretionary and on an individual basis.

Would TUPE apply to the above? And I assume they cannot force this on individuals who notified the original employer of any medical conditions (which would apply) at the time of employment.

LondonDiva · 21 April 2009 at 8:25PM

Time off for appointments has always been a discretionary thing not voered by legislation (although antenatal appts are slightly different).

Did the old company have written policies re the two hours or was that just the manage's discretion?

oscar52 · 21 April 2009 at 10:19PM

LondonDiva wrote: »

Time off for appointments has always been a discretionary thing not voered by legislation (although antenatal appts are slightly different).

Did the old company have written policies re the two hours or was that just the manage's discretion?

I dont think anything is in writing as such, but has been taken by everybody (for the last 4 years or so I have worked there and longer still) as being granted. Though it may have been in the employee handbook (an ongoing document - dress codes, conduct, etc - more gen info or guidleines in some cases)

Could it not be seen as an implied term?

Floss · 21 April 2009 at 10:26PM

When did you get TUPE'd? I think there is a period during which the new employer cannot change any contract terms, but you should check that out with ACAS.