Company takeover and reduced maternity leave in new contract

(13 Posts)
Sparkeleigh Thu 21-Mar-13 11:02:46

I'd be so grateful for advice on this. I'm currently pregnant and feeling a bit screwed over.

My company is currently being taken over by a big corporation. They gave us our new contracts on Tuesday and there was nothing in them about maternity leave. I asked at the one to one meeting we had with the new HR people yesterday and she said she'd have to check and would let me know.

She hasn't but I heard from our HR people today that the maternity leave is going to be 6 weeks full pay and 6 weeks half pay instead of my current contracts 18 weeks full pay.

I realise that the 18 weeks is generous but I don't think it's reasonable to half it on my new contact.

They want us to sign the contracts by tomrrow. I've asked if it can be negotiated but our HR said he'd try but policy is policy.

What can I do? Any suggestions? We don't get a pay rise on the new contract.

TIA

noblegiraffe Thu 21-Mar-13 11:05:35

I thought your terms and conditions were protected under TUPE rules?

AnythingNotEverything Thu 21-Mar-13 11:08:07

I agree - I think you're covered under TUPE legislation I.e. existing terms and conditions apply. I'm not sure you can be forced into signing new Ts&Cs.

I would seek legal advice ASAP.

GettingObsessive Thu 21-Mar-13 11:10:06

You are protected by TUPE - they can't change your terms and conditions or get you to sign new contracts. Your existing terms and conditions will just carry on as before.

I agree that you should raise this with HR and also take legal advice. Many employment solicitors will give a free half hour or some initial phone advice for no charge.

Sparkeleigh Thu 21-Mar-13 11:17:19

Thanks for the quick replies, I hadn't heard of TUPE before. I'm doing some googling and will see about contacting a solicitor.

flowery Thu 21-Mar-13 12:00:35

Yes, don't sign any new contract. If your jobs are transferring to a new company you keep your existing terms and conditions, and if your maternity pay arrangements are contractual, that means those as well.

Sparkeleigh Thu 21-Mar-13 13:03:56

Thank you so much to everyone who replied! I phoned a solicitor who gave me the same advice as you all did, so I contracted my HR and said I wouldn't be signing the contract yet as I was in the process of getting legal advice. I'm just waiting for their response and the solicitor can take it from there.

I was so panicked this morning I couldn't think straight so thank you again! I'm so relieved to be doing something about it now. I felt really railroaded into signing.

Sparkeleigh Thu 21-Mar-13 13:09:33

Contacted my HR - I've got contracts on the brain, sorry!

noblegiraffe Thu 21-Mar-13 15:18:54

Oh good, I hope you keep your nice maternity package without too much legal stress smile

The large corporation must know the rules, shocking that they tried to strong arm you into signing something that isn't in your interests. Just what you don't need when you are pregnant!

Sparkeleigh Thu 21-Mar-13 20:49:45

I know, the more I think about it, the worse it seems. They seemed definitely reluctant to give the info, not surprising now I know the terms!

AndBingoWasHisNameOh Thu 21-Mar-13 20:53:59

If you remain employed by the same company then TUPE doesn't apply

Sparkeleigh Thu 21-Mar-13 22:46:11

We're definitely being bought over and it will be the new company paying us etc. instead of the current one. The current company will cease to exist.

GettingObsessive Fri 22-Mar-13 21:18:27

Yes, it is shocking that they have tried to get you to sign without making clear the legal implications. Very sneaky. I would be very surprised if their lawyers had approved that course of action, it could prove to be extremely costly for them (not the lawyers).

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