TUPE and Maternity Pay

mysk_girl

I am due to be TUPE'd to a new company on 1st July, and am due a baby on 19th November. Will my maternity pay deal transfer with me?

I don't have to tell them that I'm pregnant until after the transfer has happened, but I suspect it will be obvious long before that.

The deal offered by my current company is better than statutory, there is no option to stay it will be TUPE or redundancy.

Jarndyce

mysk_girl wrote: »

I am due to be TUPE'd to a new company on 1st July, and am due a baby on 19th November. Will my maternity pay deal transfer with me?

I don't have to tell them that I'm pregnant until after the transfer has happened, but I suspect it will be obvious long before that.

The deal offered by my current company is better than statutory, there is no option to stay it will be TUPE or redundancy.

Yes - all your terms and conditions transfer unless you are given written notice of any exclusions.

Pete111

Depending on your current contract there may be a distinction between your contractual rights and the nuances of company policy (if deemed a non contractual term of employment) that could fall outside TUPE

On balance though I would say you will be absolutely ok here. Companies generally dislike playing fast and loose with maternity rights. I wouldn't be shy about mentioning this before you transfer however.

mysk_girl

Thanks, put my mind at rest a bit. There will be redundancies following the TUPE I guess, but that is another issue. I believe that to qualify for my mat pay I have to reach 29 weeks before being made redundant (5th September), which is a possibility.

Sigh. But thanks for your help.

caeler

What Pete said! Just remember you will also have continuous service so you already qualify for your mat pay despite only being with your new employer a few months.

mysk_girl

caeler wrote: »

What Pete said! Just remember you will also have continuous service so you already qualify for your mat pay despite only being with your new employer a few months.

It's 29 weeks pregnant, not 29 weeks of service, that I have to get to - you can't legally go on maternity leave any earlier, so if they can make me redundant before that, there is no mat pay due.

However, having done a bit more reading I think that there is no issue as there would need to be a 90 day consultation period before they could make me redundant which would take me past the 29 week mark anyway, as 1st July to 5th September is somewhat short of 90 days.

Off to relax a bit and plan what will happen if I don't (as I suspect will happen) have a job to go back to. That is some time away yet though...

mariefab

Although you can't start your maternity leave until the 29th week; the qualifying week for entitlement to SMP is week 25.
In your case week 25 is 05/08/12 to 11/08/12.

mysk_girl

That's great thanks, have checked work policy and it seems the entitlement to contractural pay is based on the same week. It's silent on what happens if you are made redundant between weeks 25 and 29... We'll see!