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Company Sick Pay and Tupe Regulations
reeceydee
Posts: 8 Forumite
Hi,
I need a little opinion on my situation and appreciate any advice that anyone can give.
Let me explain my position.
I have worked in Company A since 2007. My contract states that Company Sick Pay shall be paid at the discretion of management. At the time this was not an issue as Company Sick Pay was always paid without question.
In 2011 we were informed that it was unlikely that Company Sick Pay would be paid any more unless it was due to exceptional circumstances. I have not received any Company Sick Pay since.
In Feb 2013 we were TUPE'd to Company B.
Standard contracts for employees at Company B states 15 days Company Sick Pay allowed every year.
I took sick in March and upon not receiving any Company Sick Pay I asked my manager to review the decision that I had not received Company Sick Pay. I was told I would not as it was not an exceptional circumstance.
Now in our TUPE'd contracts it states that we are allowed to carry a total of up to five days annual leave over to the next year, this is not the same for the Company B standard contracts and it's working out a bit awkward for them.
Yesterday we were called in to a consultation in regards to a change in our contracts. We were told that the company would like to take away the condition that we would be allowed to carry over up to 5 days.
The good news we were told is that they are also going to change the term of the contract regarding sick pay and we would now have the same allowance as the other employees under Company B contract.
We were also told that they have already paid some Company sick Pay to people under Company A contract.
I am very wary that they have already started to try to change our contracts.
What I need to know is; Does their sound like there has been any discrimiation in this case? Should I appeal the decision again that I did not receive sick pay when I was sick? In peoples opinions does it sound like a good deal that we are being offered?
Thanks in advance.
I need a little opinion on my situation and appreciate any advice that anyone can give.
Let me explain my position.
I have worked in Company A since 2007. My contract states that Company Sick Pay shall be paid at the discretion of management. At the time this was not an issue as Company Sick Pay was always paid without question.
In 2011 we were informed that it was unlikely that Company Sick Pay would be paid any more unless it was due to exceptional circumstances. I have not received any Company Sick Pay since.
In Feb 2013 we were TUPE'd to Company B.
Standard contracts for employees at Company B states 15 days Company Sick Pay allowed every year.
I took sick in March and upon not receiving any Company Sick Pay I asked my manager to review the decision that I had not received Company Sick Pay. I was told I would not as it was not an exceptional circumstance.
Now in our TUPE'd contracts it states that we are allowed to carry a total of up to five days annual leave over to the next year, this is not the same for the Company B standard contracts and it's working out a bit awkward for them.
Yesterday we were called in to a consultation in regards to a change in our contracts. We were told that the company would like to take away the condition that we would be allowed to carry over up to 5 days.
The good news we were told is that they are also going to change the term of the contract regarding sick pay and we would now have the same allowance as the other employees under Company B contract.
We were also told that they have already paid some Company sick Pay to people under Company A contract.
I am very wary that they have already started to try to change our contracts.
What I need to know is; Does their sound like there has been any discrimiation in this case? Should I appeal the decision again that I did not receive sick pay when I was sick? In peoples opinions does it sound like a good deal that we are being offered?
Thanks in advance.
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