Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • saltypopcorn
    • By saltypopcorn 8th May 18, 2:50 PM
    • 5Posts
    • 0Thanks
    saltypopcorn
    TUPE question please
    • #1
    • 8th May 18, 2:50 PM
    TUPE question please 8th May 18 at 2:50 PM
    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
Page 1
    • Dox
    • By Dox 8th May 18, 6:02 PM
    • 504 Posts
    • 300 Thanks
    Dox
    • #2
    • 8th May 18, 6:02 PM
    • #2
    • 8th May 18, 6:02 PM
    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 3500
    Last edited by Dox; 08-05-2018 at 6:29 PM.
    • anamenottaken
    • By anamenottaken 8th May 18, 6:26 PM
    • 4,146 Posts
    • 3,632 Thanks
    anamenottaken
    • #3
    • 8th May 18, 6:26 PM
    • #3
    • 8th May 18, 6:26 PM
    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?
    • saltypopcorn
    • By saltypopcorn 8th May 18, 6:40 PM
    • 5 Posts
    • 0 Thanks
    saltypopcorn
    • #4
    • 8th May 18, 6:40 PM
    • #4
    • 8th May 18, 6:40 PM
    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 help
    • anamenottaken
    • By anamenottaken 8th May 18, 8:27 PM
    • 4,146 Posts
    • 3,632 Thanks
    anamenottaken
    • #5
    • 8th May 18, 8:27 PM
    • #5
    • 8th May 18, 8:27 PM
    Do check that the original sick pay scheme was not "discretionary", "at the employer's discretion" or similar wording in there somewhere.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,707Posts Today

7,824Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin