TUPE and Sick Pay

[TUPEconfused]

Hi all!

Some advice needed please.

I have been on sick since the 25th July 2018 and my employers are saying that I'm not entitled to sick pay as I haven't earned enough since they took over and I was transferred under TUPE on the 21st May. When the new owners took over, I took 2 weeks holiday which I'd already had booked with my previous employers. As part of the takeover deal it was agreed that the old employers would pay the employees for any holidays accrued. As my holiday pay was paid before I took my time off and not during, this has left me short on my average weekly earnings for entitlement to sick pay. As this decision was made and was out of my control, is there anything I can do? If I'd have been paid my holiday pay whilst I was on holiday, I would now be entitled to sick pay!

Many thanks in advance for any advice x

[ULA]

My understanding of TUPE is that the balance of a transferring employee's annual leave entitlement for the annual leave year transfers to the new employer under TUPE. The transferor does not have to pay the employee for accrued but untaken holiday at the date of transfer.

What is the sick pay policy that is in place? That should be the same as transferred over from your previous employer.