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TUPE question please
saltypopcorn
Posts: 5 Forumite
I am an employee and was recently TUPE'd over to a new employer. In my original contract I am entitled to 4 days sick pay in any one episode of sickness (maximum 16 days a year). My new employer says that the law has changed and, as an employer can no longer claim the sick pay back from the government, that they don't have to honour my contract. I have looked at the ACAS and Government sites; I think it confirms my belief that my contract terms stand but can anyone confirm this (or not) before I have 'a conversation'. Thankyou
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Comments
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Have a word with HMRC's helpline - that way you can say with honesty that you have the information direct from them (and your employer must be talking about Statutory Sick Pay, which is the only sick pay they could have reclaimed in the past). Number is 0300 200 35000
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It is true that employers are no longer able to reclaim SSP.
However SSP is your statutory right and, AFAIK, was never payable for the first 3 days of sickness absence. Therefore your sick pay scheme* was a contractual term, not one from statute. I would therefore expect it to continue as a term of your contract - but they can seek to change it of course.
* When you say it was for the first 4 days, was that for full pay, that is higher than SSP rate?0 -
Yes, the first 4 days were payed at normal rate of pay. Thankyou for confirming what I thought. I dont mind standing up for myself but I like to be sure of my ground. Thankyou for your help0
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Do check that the original sick pay scheme was not "discretionary", "at the employer's discretion" or similar wording in there somewhere.0
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