Maternity Pay

[blade81]

Hi All,

I am after some advice. I have worked at my company for nearly 12 years and will be a first time mum to twins in Feb 19.

The company was bought out in May/June and the vast majority of people (between 50-60 people) were due to be made redundant in early August 18 but at the last minute most people were asked to stay in same role/slightly different role. A large number of people were kept on same T&Cs with the same company and some people including me were redeployed into another company in the group (other than our payslip nothing has changed we work exactly as we did before). I received my new contract in August but it didn't mention anything regards maternity pay however once i gave my MATB1 cert I was issued with the maternity policy which is SMP. The pre-August company one is an enhanced package and significantly higher than SMP. I just feel its a unfair that a colleague that sits next to will be entitled to the enhanced package whereas I am on SMP and only just missed out. There was no rationale as to why some people were left on the existing companies books T&Cs and why others were put on the other companies books and lower T&Cs other than the timing of when they were asked to stay (which was down to timing when they could see people). Also when I accepted the role there was no mention regarding redeployment to other company and T&Cs change until i received the contract I straight away queried as my line manager was left of the existing companies books and so were my other two colleagues.

Things are a bit tense at work at the moment so I don't want to raise anything unless I have grounds to.

Thanks

Nikki.

[Kati]

Ula mariefab ?

[ULA]

So the new company bought the old company and all staff transferred into the new company and you now work for that new company in the same or similar role that you did in the old company. Is that correct?

When you signed the new contract were there differences in the terms offered from your previous contract?
Were you still provided with continuous service I.e. your start date is the same as the start date with the old company?

[blade81]

Ula mariefab ?

Hi,

Thanks for the reply.

The company was acquired under its original name lets call it company A. The vast majority of people asked to stay were told they would remain on Company A T&Cs no change (they just received a letter confirming this) whereas others asked to stay like me were "redeployed" into company b another company in the group. We were not advised of the specific changes by HR. I didn't even know until HR gave me my contract I would be under a new contract/employer when I accepted the role. My title is exactly the same as my previous title at company A. When i read the contract i knew that i would lose a few days leave and it was stat min for sick pay. That is all.

I have kept my continuous service date e.g. 12 years this Jan.

Thanks

Nikki

[ULA]

My view is that if company B bought company A and even if they did redeploy you then you should have been covered by the TUPE regulations which would have ensured that you move across on the existing terms and conditions for company A.

Have you signed the new contract?
Under the maternity policy for company A which gave enhanced maternity leave, was this contractual or was it a non-contractual policy that could have been subject to change?

[blade81]

Hi,

that is correct company a bought out company b which I worked for. I along with around 50+ people were due to be made redundant and then with less than 2 weeks to go people started being approached to stay, vast majority stayed on their existing company b t&cs. I was given two contracts for company a to sign with same job title and realised I never sent work a signed copy back so I have both. I have been getting paid since August by company a.

Thanks Nikki

[blade81]

Also when you say is the enhanced package contractual maternity policy is not mentioned anywhere there is the policy on the intranet that everyone folllws this hasn’t changed for company b.

[blade81]

Hi all,

Sorry I know it’s been a long time. My babies came 3 months early and are now at home doing well. I never got to raise this issue with my employer formally and I have been paid smp since November. I am planning on raising the issue with them when I have my first kit meeting but am worried about raising it and the consequences.

Does anyone definitively know the rules around a company redeploy? As I said previously company a bought out my company (company b) I was facing redundancy as were a lot of other people before the company was bought out. The new owner decided to keep staff on and some were kept on the existing companies (company b) payroll and some were asked to be redeployed to another company within the group - company a. My payslip says company name then redploy. To add this was random based on when were asked to stay. The later people asked to stay mainly moved to the other company. My new contract didn’t mention anything regards maternity pay. Only until I told work I was pregnant was I told the company policy is smp. If I had told them end of July when I was offered the job to stay I guess they would have left me on existing T&Cs at the existing company as not to discriminate. There is no way I would have just accepted the move to other company had I known I would lose out significantly on maternity pay.

I just dont don’t know what to do for the best as I have a feeling my job is going to be at risk anyway when I return.

regards

nikki

[ULA]

Congratulations on the arrival of your twins, if somewhat early, glad to hear you are all doing well.

Sorry had to take some time to re-read your thread and do some more research. This is complicated partly because it involves TUPE. So co B bought co A and some staff stayed within co A but as part of the group of companies owned by Co B. Those staff stayed on existing T&C's fine but did they retain the rights of Co A's non-contractual policies and procedures? Under TUPE the automatic transfer principle does not always include non-contractual policies contained within a staff handbook, which is normally where the maternity policy is.

If Co A staff are still eligible for the original maternity policy with the enhancements, then I would suggest that you do have some argument to go back to Co B and explain that you have been unfairly disadvantaged under TUPE in accepting deployment into Co B on new T&C''s without full knowledge that enhanced provisions of Co A's policies would no longer apply. It is worth seeing how they will respond.

[blade81]

Thank you very much!

You have understood the scenario spot on. The maternity policy was a seperate policy to the contract. When I was moved to the other company no one mentioned anything regards TUPE. I only knew that holiday entitlement dropped and no sick pay. I’m worried about raising it and it affecting my position on my return to work. A number of people have already left in my team and not been replaced.

[ULA]

If Co A was bought by Co B then in my view it is covered by TUPE.

I think the first thing you need to do is decide whether you want to raise this as an issue.

[blade81]

Hi thanks for your help. It’s so difficult to know what to do for the best I’ll raise with HR and see what they say and let you know


Nikki

[ULA]

Good luck please come back and let us know how it goes

[blade81]

Hi does anyone know what has happened to my posts as they seem to have dissapeared?

thanks

nikki

[ULA]

How, I can see your posts, what has disappeared for you?