Tupe and employment advice needed.

Caty99

Hi all,
I was wondering if anyone had any experience with being tupe'd and could offer some advice.
I have been off work sick for a number of months and within this time (April) our department was tupe'd to another organisation.
We kept our old terms and conditions but were now paid by the new organisation.
The new organisation had a restructure shortly after, where we would all be slotted into roles and from the 12th July, we became employees of the new organisation.
This leads me to my question;
I received sick pay from my old employer, which was 6 months full pay, 3 months half pay and so on. I hadn't reached 6 months sick pay when we were tupe'd over, and continued to receive my pay. Now that we are employees of the new organisation, they state that they will use my previous sick days to calculate my pay accordingly.
Is this correct? Or should I receive the full sick pay under the new employer and contract?

TIA.

getmore4less

The existing liability caries over.

If you have use up part of the sick pay allowed that continues as if you were still on the same contract as the liability that carried over is what is left of the sick pay on the old contract.

You do not reset the sick clock.

Same with holidays.

pinkshoes

Caty99 wrote: »

Hi all,
I was wondering if anyone had any experience with being tupe'd and could offer some advice.
I have been off work sick for a number of months and within this time (April) our department was tupe'd to another organisation.
We kept our old terms and conditions but were now paid by the new organisation.
The new organisation had a restructure shortly after, where we would all be slotted into roles and from the 12th July, we became employees of the new organisation.
This leads me to my question;
I received sick pay from my old employer, which was 6 months full pay, 3 months half pay and so on. I hadn't reached 6 months sick pay when we were tupe'd over, and continued to receive my pay. Now that we are employees of the new organisation, they state that they will use my previous sick days to calculate my pay accordingly.
Is this correct? Or should I receive the full sick pay under the new employer and contract?

TIA.

I'm pretty sure it continues as before, so once your total 6 months are up you move into 3 months half pay.

I assume you are now nearing the 6 months?

sangie595

Just to add a note of further caution, if you are on long term sickness you really need to ask for your new employers policy and sick pay entitlement as it applies to you, and check that it hasn't changed in any way. Since you mention that there was a restructure and jobs changed (with people slotted in) it is entirely possibly that your original terms no longer apply and have been changed to whatever the new organisations terms are. I can't say that there has been a change. But not can anyone say there hasn't been, because as soon as you accept another role in the organisation, any protections from the TUPE (and they aren't a lot anyway) may disappear.

Caty99

Thank you all for your responses.

I needed some clarification as HR haven't been too forthcoming with information and the Union had no idea.
In regards to holiday, they allowed us to bring our holiday over use it within a certain period of time. As I've been off sick, they have extended my time frame.
Our original terms and conditions no longer apply, so I will definitely check the new T&C's.
Saying that, I haven't actually signed and returned my new contract as I was only given it a week ago.

sangie595

It doesn't matter whether you sign or not. You are bound by it unless you specifically refuse. Although not working, you continue to be employed and accept payment - therefore that is an acceptance of the terms. If you are going to dispute anything you must do it immediately and clearly. But I wouldn't recommend it unless got are certain of your grounds, because that would terminate your original contract and your employment would be deemed at an end. Which I'd guess it's not where you want to go!