TUPE help?

[butterscotch]

Wonder if anyone HR savvy around?

Im currently on mat leave yesterday had to go in for a meetin and was told I'm in scope for TUPE I was advised that it's unlikely that my sabbitical would be honoured (I've tagged it on the end of my Maternity leave 5 weeks full pay). The HR lady in the
erring suggested that if I used the right wording/language I might be able to get then to agree it!
Also my current employer on return to work after 6 months if you are performing well you get a return to work bonus upto 10% of salary as this is in the maternity policy and not terms and conditions im right in thinking this ain't gonna happen either?
Also I get a flexible benefits allowance of £5k which i can take as salary or use to buy benefits if they don't offer the same benefits do they have to pay this to me as it's a benefit or can they not pay me the extra?
I've got 5 hrs service with current company and sad that I'm being forced to work for this new organisation who are bigger so they're maybe more opportunities but everyone who used to work for the company said they never got payrises or training so I'm not too hopeful :-(
also can they put me in another job? Do I still retain
y maternity rights for job of same grade/level of responsibilty?

Sorry for all the questions I'm a bit pissed off really as 3 weeks ago I had a teleconference call with my director who told me I wasn't in scope so the meetin yesterday completely threw me as I wasn't expe ting it! Sadly I embarassed myself and cried !
Any advice greatly recieved.

Thanks in advanced

[butterscotch]

Sorry bad typing doing from my phone x

[seeyoukay]

A lot will depend on your contract.

Is the sabbatical in writing? When you say 5 weeks full pay is this in addition to your holiday or are you just taking holiday all in one go?

If the latter they will honour it, if the first depends on how generous they are feeling and the specifics of it.

With the flex benefits I think they will just pay the cash instead of the benefits depends on how many people tupeing and if its worth them running the scheme or if they just get out of it etc.

The thing to remember is that you won't be worse off due to TUPE. Small details of your contract may change but they can't make large changes to make you worse off or you could go for constructive dismissal.

[butterscotch]

Thanks for the reply seeyoukay

Sabbatical is a policy not in t&c it is signed off by director as agreed. I haven't used any holiday the sabbatical is 5 weeks full pay (generous employer!)

It's like the maternity policy I'm guessing in won't vet my return to work spa day or return to work
bonus? (6months of return upto 10% of salary if achieving objectives etc...)

[butterscotch]

I got the following email from HR today does my draft reply back to them sound okay? have I covered too much or too little info? Any comments greatly appreciated:-

I hope this email finds you and the family well.

How were drinks on Friday? Did you manage to have a good time despite the news of our meeting?

What are your thoughts on the transfer now that you have had the opportunity to sleep on the matter?

As promised, I provide details of my direct line below. Do please call or email should you have any questions.

Kindest regards

Hi X,

Thanks for your email, I have had time to think about the transfer some more I have some questions:

(1) What is the mandatory period of consultation you are required to undertake prior to contract signature?
(2) What has changed with regards to me specifically to now be in scope? When previous conversations I was advised that the My Team were out of scope?
(3) Are all the team in scope? If not who is and who isn?t and what are the reasons for the various roles being in and out of scope?

I also have some real concerns about the transfer specifically to me:-

(a) My Sabbatical ? when booking this I had arranged my chidcare to be suspended until the end of the Sabbatical, as I am sure you can appreciate finding good quality childcare can be difficult. My husband has started making travel plans for this period as a surprise for me and now whilst in limbo of will or will this not be honoured we have to wait to see what the outcome of the TUPE is.
(b) Working Hours ? I currently have a informal flexible working arrangement with my manager ? that if I start at 8am I can finish at 4pm likewise if I start at 9am ? I can finish at 5pm, or if I start at 10am I finish at 6pm, whilst most days I was in the office from 9am ? 5pm, the flexability helped with childcare arrangements Will this flexability be carried over?
(c) Maternity leave ? like the Sabbatical leave the Maternity Policy is an additional policy on the intranet, therefore I have concerns:-
a. On if I?ll get the half day at a spa on my return.
b. The return to work bonus subject to successfully achieving my objectives 6months after my return, when I returned last time this was a great motivation to do well and a confidence booster that returning to work has been a success.
c. Job, currently under the maternity policy my role is protected for 6months, but most likely that the same job would be available to me, obviously with all the changes it is very unsettling not knowing what job I will come back tom and potentially not at Z. Obviously with our Y colleagues in scope as well, and them having someone with the same job title as me where does this leave me?
(d) Pru Health ? currently through our private medical scheme, my children are added, I also take advantage of the discounted gym membership and fitbug.
(e) Location ? I have concerns about where I will be based as we moved house last year and work locations, commute, good schools etc?. were all taken into consideration, its unsettling not knowing where I will be based and if additional commute will be required, this obviously this can impact my childcare and travel cost.
(f) When we did the original transfer of staff from X to Z they were complaining at X they had no training opportunities and no payrises, so this concerns me.