Paternity pay premature babies

[blade81]

Hi all,

I gave birth to twins in Nov 18 3 months early my husband took two weeks paternity at the time however we then recieved the completed government form OSPP from his employer to say he didn’t qualify because he had worked for them less than the 26 weeks he was literally five days short. At the time we had more important things to think about but now that the babies are all fine and at home we wanted to check whether this was correct. He started working for them on 29 May 18.

Thanks

nikki

[Amethyst]

The due date is the date to use to work back from for whether you qualify for paternity ( or maternity ) leave - not the actual date of birth. So your babies were due in January ? Or Feb ? Take that original due date and work back 15 weeks .... then work back 26 weeks .... Jan due date would be April, Feb would be May - as he started at the very end of May it seems likely they are right, but check - there is a calculator on the gov website ... https://www.gov.uk/maternity-paternity-calculator/

[blade81]

Hi thanks for your reply. The due date was 09/02/19 15 weeks back would be 27 Oct and 26 weeks back from thi date is 11 August. Husband started work end of May.th

thanks Nikki

[ULA]

Hi Blade81, I think you have taken the 26 weeks back from the due date to get to 11 August, in fact you need to take the 26 weeks back from the 27 Oct which is actually is 28 April.

Sorry

[blade81]

Thank you for clarifying. When husband informed employer they spoke to him about paternity pay you see and therefore we were surprised when they informed us by letter that he wouldn’t after he had taken the leave.

Btw in regards to my maternity pay query and being redeployed I’ve got a meeting with work the week after next so will let you know the outcome.

Thanks

nikki

[ULA]

Best of luck for your meeting.

[blade81]

Hi Ula,

i bumped into a work colleague today and she mentioned she raised a grievance at work in relation to the same transfer but a different issue she mentioned they justified the reduction in T&Cs in her case as she has accepted a suitable alternative position at company b (job title the same) rather than redundancy that’s why TUPE regulations didn’t apply. However the alternative position was the exact same title as position at company a. As I said the only things in reality that changed is who paid us. I have checked the letter they sent me and it the exact same, we are offering you a suitable alternative position has arisen within company b (the company).

Would it being described as a suitable alternative position at company b with their associated T&Cs make any difference to my concerns about maternity pay ?

thanks

Nikki

[ULA]

Hi, sorry just had to have another quick look at your thread and have a another couple of questions:

When the company was bought out in May last year who was making you redundant the previous owners or the new owners?

Was the original business closing due to insolvency? If so and the new business was taking it over then the protection employees get is different from in a normal TUPE transfer, so an answer to this question would be helpful.

In one of your previous post you did say that some of your colleagues from the original company remained on Co A's T&C's, however one question that remains outstanding is did they retain the benefit of the enhanced maternity policy?

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.

[blade81]

Hi Ula,

thanks again for for your reply and help.

the previous owners company a put me and others at risk they weren’t going insolvent they were going to continue (our part of the business had lost government contracts that were not going to be renewed) but still had some smaller ones so would continue on a smaller scale.

Yes staff on company a existing T&Cs still have the enhanced mat policy. I understand TUPe doesn’t include all policies it’s just bad luck I guess they didn’t it clear to me on August about the stat min maternity pay as I would have then told them I was pregnant and I guess would have remained on existing T&Cs.

Regards
nikki

[ULA]

So company A is still in existence? Did company B take on the new government contracts is that why staff working on those contract went across to company B?

[blade81]

Hi,

yes company a is still very much in existence. The company still has some government contracts as it is the more well known company. Company b bids for new work but as company a and company b name joined together!

The people that transferred across effectively work for both businesses for some reason they wanted so many people on company a books and so many on company b I believe due to tax reasons I might be wrong.

thanks

nikki

[ULA]

This seems to be very confusing situation, not helped by the fact that TUPE is involved. A suitable alternative position is offered as an alternative to redundancy. Company B is not allowed to make you redundant just because of the transfer, they would have had to consult with you about redundancies before the transfer if the old employer agrees. Which leads to asking about the redundancy consultation process with you.

Aside from some concerns I have about he whole transfer process, I do feel that the full implications to your terms and conditions of employment and policies of company A were clearly not discussed with you in regard to the

suitable alternative position. If you had known the full impact given your situation you could have argued that it was not a suitable alternative position and they would have had to take consideration of the facts as you presented them.

I could by us going through questions/answers try and unravel the whole "picture" of the transfer which may help give some strong points to take with you to your meeting. So happy to do that if you want to.

[blade81]

Hi Ula,

it is a very confusing situation!

At no point was TUPE mentioned as part of the transfer. It was company a that informed me of the suitable alternative at company b so I’m no longer being made redundant by company a and will be transferred to work for company b. I then had a 12 week probation period at company b which in reality didn’t occur.

Thanks

nikki

[blade81]

Happy to answer any questions.