TUPE'd and employee policy for leave and sick

m0bov

Hi, I am TUPE'd, my employer is introducing a new annual leave policy and new sickness policy. It dictates when we can and can't have leave and entitlement for time off for appointments and so on.

I was lead to believe they cant implement these unless it goes to full consultation, but they beg to differ.

Any views on this?

nicechap

By telling you about it before they introduce it, they are giving you the opportunity to agree (stay with them) or disagree (leave).

getmore4less

How does it change from your current policy?

there are 3 components to this

It dictates when we can and can't have leave

unless your current policy allows you to decide when you take holiday(does not need approval) then the statutory position is the employer decides.

entitlement for time off for appointments

What does your current policy say?
again unless it give specific entitlements the statutory position is up to the employerwith a few exceptions mostly unpaid.

and so on

Little vague
want to be more specific?

m0bov

Hi, we were TUPED about 4 years ago, I worked for the council, we were told we had to give notice equal to the length of leave. That was about it, as well as making sure there was cover etc... so my usual dates in the calendar for my leave were always oked.

Now the new policy blocks out around 4 weeks of the year spread over a couple of months. Also stating the max number of employees from each team that can be off. Also, the length of time for notice is far greater.

We were always allowed time off for appointments, now its limited to a couple of hours. Also, the company can obtain medical reports.

getmore4less

if all you have in the previous policy was give notice equal to the length of leave then they could refuse those requests, any new restrictions do not change that option.

The business needs will trump any objections.

just because you got them in the past is not relevant.

medical report from where?

m0bov

Medical reports from GP

engineer_amy

As far as I am aware, the fact that you were TUPE'd is now largely irrelevant. The protection that TUPE gives is to stop the employer changing the terms of the contract as a result of the transfer. After 4 years, it is easily argued that any changes are a business need, or an ETO reason.
And if the change applies to all employees, not just the TUPE'd ones, then you have no argument.
As nicechap said, you can either agree to the changes and stay in employment or disagree and leave.
Statutory requirements allow employers to dictate when you take your holiday and can attach nearly any conditions they wish, as long as they do not prevent you from taking your annual leave within the leave year. And there is no requirement in law to allow you time out for appointments.


They probably have the clause about requesting medical records so they can check if you are taking the p155 with a sickness policy. They can certainly request the records, but theres no requirement for the GP to give it to them, and can only do so with your explicit consent.

polgara

So what is your financial detriment? Changing policies is allowed under TUPE just like any employer can change policies - terms and conditions are protected (there are some ways and means around that too).