Company takeover and reduced maternity leave in new contract

[Sparkeleigh]

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]

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

[AnythingNotEverything]

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]

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]

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]

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]

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]

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

[noblegiraffe]

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

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]

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]

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

[Sparkeleigh]

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]

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).