Redundancy, Re-employment & SMP

ftotheq

Hi,

Would really appreciate some adivce on my current situation...

I'm currently employed however the company i work for will be going insolvent in the next couple months. There is another company run by the same people which we will be getting transfered into however i have just found out i am about 8 weeks pregnant.

My concerns are that though i know my job is safe i will technically lose my right to full SMP as i will not have been employed by the new company long enough.

Am i able to do anything to transfer my rights? I'm responsible for all of the payroll/hmrc dealings and do not know if the owners are/will be aware of the laws surrounding SMP not that i can relay on that!

Has anyone been in a similar position to this?

Many thanks

Ewarwoowar2

You've got two, technical reasons to argue that your continuity of service is preserved and you're entitled to mat pay:

1. The transfer to the new company is a TUPE transfer and your service is preserved;
2. Even if it's not a TUPE transfer, as long as there's less than 4 weeks gap between employment at the old and new company, the two companies are 'associated companies' as there are controlled by the same people/person. Therefore, continuity of service is preserved.

Bit technical, but argue the toss. If they refuse you mat pay, perhaps go see a solicitor or the citizens advice bureau.

jazzyman01

Some TUPE rules do not apply when transferring during insolvency. However, continuity of service does so if you were okay in your current role you will still be when you transfer.

ftotheq

Truth be known i'd rather work elsewhere however given my situation i've really got no other options!

Thank you for your advice.