Contractual Changes through TUPE process

[frostyboy21]

Good afternoon,

I was hoping for a little advice.

I recently went through the TUPE process and was given my contract which I duly signed.

Through my original employer, I had a sickness benefit of 10 weeks of full pay and 16 weeks of half pay. The consultation process reduced this to 4 weeks and 6 weeks at 50%, which was agreed upon by TUPE reps.

However, my contract was not changed to the lower amount and still states 10 weeks of full pay and 16 weeks of half pay. I wondered if anyone could advise whether the has been signed contractual terms are valid or will the agreement documented through the TUPE process override them.

Thanks in advance

[ULA]

As part of the TUPE transfer were the changes to sickness benefit part of the "measures" the new employer was going to take and it seems that this was communicated to and then consulted with and agreed by the TUPE reps.

The contract that you were asked to sign was this effectively provided by the incoming employer reflecting your existing terms and any amendments made as a result of consultation?

[frostyboy21]

As part of the TUPE transfer were the changes to sickness benefit part of the "measures" the new employer was going to take and it seems that this was communicated to and then consulted with and agreed by the TUPE reps.

The contract that you were asked to sign was this effectively provided by the incoming employer reflecting your existing terms and any amendments made as a result of consultation?

Good morning,

Thank you for you message.

Changes to sickness benefits were measures presented in the first individual consultation I had, but that was a proposed reduction to 2 weeks full and 4 weeks half pay. They subsequently negotiated this amount through the collective consultation process to 4 weeks and 6 weeks at 50%.

The contract was a new contract under the new company, replacing the existing one I had in place.

I hope this helps.

Thansk

[ULA]

My view is that it clear from what you have said that changes to the sickness benefit terms were consulted with on an individual basis and then final agreement on the terms was reached with the TUPE consultation reps. Therefore, those are the terms that should stand, however as you say you have now been presented with a contract as per your outgoing employers terms for this benefit, that would seem to be an administrative error. I would suggest if it ever came to it your incoming company would argue that position supported by the fact you were aware of the new terms as part of the TUPE consultation process.

[frostyboy21]

My view is that it clear from what you have said that changes to the sickness benefit terms were consulted with on an individual basis and then final agreement on the terms was reached with the TUPE consultation reps. Therefore, those are the terms that should stand, however as you say you have now been presented with a contract as per your outgoing employers terms for this benefit, that would seem to be an administrative error. I would suggest if it ever came to it your incoming company would argue that position supported by the fact you were aware of the new terms as part of the TUPE consultation process.

Thank you for taking the time to come back to me. I thought it might be the case, just wasn’t too sure if the fact it was written into the contract, that it gave me more right to claim higher benefit.

Thanks again and ave a great day.

[ULA]

You could certainly try and argue it but my post #4 prepares you for what they are likely to come back with.

Happy to help and you know were we are if this does become an issue - just come back to this thread.