Tupe law and company sick pay

mrsormrod

Does anyone know if company sick pay is transfered/protected/ whatever its called by tupe law?
My contract was taken over in october my old contract says that i am entitled to 8 weeks company sick pay but there has been no new contract since or employee handbook for that matter.
I tried to ask my manager when i gave my sick note in but they just gave a blank expression and said they would find out.

Mudd14

Yes you employment contracts are protected under TUPE (Transfer of Undertaking Protection of Employment)

They are not able to chnage your contract as a result of TUPE and must honour your benefits (unless it is pension related). If they did not pay full pay sick and your contract states it is paid in full they would be in breach of contract.

Ensure that your contract does state that your recieve full pay and there is nothing extra which states company sick pay is at the discretion of the company.

AnxiousMum

You might want to check - my husbands school was told they were 'protected by the TUPE agreement'......when they were being taken over by an academy. Well, they were, until new financing and management came into effect - apparently (clause 5 or 6?) states that once new financial arrangements are in place, then the TUPE is null and void? Anyways - they were all forced to sign new contracts, or be considered as having resigned Luckily he found a new school before this all happened.

DVardysShadow

AnxiousMum wrote: »

You might want to check - my husbands school was told they were 'protected by the TUPE agreement'......when they were being taken over by an academy. Well, they were, until new financing and management came into effect - apparently (clause 5 or 6?) states that once new financial arrangements are in place, then the TUPE is null and void? Anyways - they were all forced to sign new contracts, or be considered as having resigned Luckily he found a new school before this all happened.

Clauses 5 and 6 of what?

And with new financial arrangements, I would think that a new TUPE would come into being. I may be wrong here but I suspect that they were misled.

mrsormrod

Just checked both the handbook and my contract and it doesnt say anything about it being under discretion of the company.will just have to wait and see what heppens.
worst thing is i only work 4 days so wont get paid for the first week of sick leave anyway :rolleyes: