Is flowery about need to ask a question re work??

[Rosebug258]

Hi

As above really, I noticed you are very clued up on hr & employment was hoping you could answer a few questions re my work and the tupe process while on maternity leave & if I need to involve a solicitor?

Cheers

Rosebug

[flowery]

I'm sure if you post your question I and others will be happy to advise if we can. :)

[Rosebug258]

Fab :)
It's a bit long winded sorry!

I'm currently on maternity leave with baby number 2, I started on my leave on the 1st jan 2014, I finished work on november due to massive amounts of leave to take before march, I was aware that when I left I would be moved from company a to company b, since I left work I have had very little contact/information re being moved to company b, they wrongly assumed that a colleague (my mum) would pass on all information, and have been emailing my works email address with information (very helpful as I've not been to the office) I was contacted by company a (who I work for) by hr to ask if I'd had any information which I haven't who then sent out a rather Uninformative pack which told me nothing.

I asked company a to please inform me of all meetings/changes in writing to my home and personal email address I have received 1 email (confirming what i have asked)

On 10th march I attended a 1-1 using a kit day, (I was told I had to attend or I'd be effectively resigning from my job) off I toddle to meet company b, in this meeting I was told a few alarming things,

1. If I didn't contact them on the 1st April I will be resigning my position within the new company
   

1. I need to provide 3 old payslips and my passport and marriage licence as I'm known as my maiden name at work and was told off for not taking (no one told me or I would have done)
   

1. They do not have to honor my childcare vouchers
   

1. I am contracted to 22 hours these are set days as approved of by company a and company b again do not have to honor these ( childcare on the days I work not much room to change)
   

1. I am losing my flexi time (all other staff being transfered can keep it)
   

Since then I have no communication from either company a or b and have found out that they have held 8 meetings none of which I have been invited to and they all had an email telling them of the transfer (a legality) I have not had anything.

Have received a letter from company a telling me I have to hand in all of their equipment on the 31st march mobile phone, PPE etc i have to make these arrangements to do so! And thanking me for my employment

Where the heck do I stand? I'm confused I have no idea where to go

Hope this makes some kind of sense!

[flowery]

Has your employment transferred yet? Or does the transfer take place on 31 March?

As you probably know, the new company must honour your existing terms and conditions, including hours, benefits etc under TUPE regulations.

You are also entitled to be treated no less favourably than other staff members because of your maternity leave, so if they are doing that, that's unlawful discrimination.

Was there anyone from company A in the meeting on 10th March? Do company A have HR?

Sorry for all the questions!

[Rosebug258]

Also found out from bumping into a colleague at the weekend that they are all being transferred to company b's terms and conditions, this was discussed at a meeting last week which I wasn't invited to, again I've not been told anything and I'm really unsure how to proceed!

[Rosebug258]

Not been transfered yet I'm still with company a I believe my start date with company b is the 1st April but has nothing to confirm this,

Yes I had a manger with me in my 1-1 ( he was rather useless to be honest as he's staying with company a)
So has no knowledge or understanding of the tupe process

Apart from the pack I received and a letter and 2 phone calls I've not had any contact with company a hr despite leaving a message for me to be contacted I think I se
nt an email as well as I'd not had any responce, I have been in hospital since so only just starting to chase these things

[flowery]

Have you thought about what outcome you want?

If they dismiss you for not contacting them on 1 April that would be unfair dismissal.
If there is a fundamental breach of your contract of employment that might be constructive dismissal
If they don't provide contractual benefits that's a breach of contract and if they withhold contractual benefits during maternity leave that's also unlawful discrimination
Your consent is needed to change terms and conditions such as withdrawing contractual flexitime or changing your contractual hours and forcibly changing the terms and conditions of staff transferring in a TUPE transfer is unlawful.
You cannot be forced to attend a KIT day and threatened with dismissal if you don't attend.

You've got a lot here, it's just what you want to do with it really. First step would be a formal grievance which in the circumstances I would send to both companies but in terms of how it's worded think about what outcome you want first.

[Rosebug258]

To be honest I just want to know what's going on. I'm very well paid for the hours I do and at the moment In my field of work lucky to have a job at all, so ideally I would like to go back when my maternity finishes. I just need to know where I stand if things do not progress as smoothly as I would like them to.

I've got no details at all, no structure, no line manager to contact no company b hr details etc

My biggest concern is that if I don't contact them or go to work on the 1st I have resigned my post can they do this?

Thank you for your help

[flowery]

No. You are on maternity leave, they can't sack you for not contacting them on a specific day.

If you want to stay, you could write a letter but toned down, so in a polite way just pointing out that you understand your terms and conditions are protected under TUPE therefore your hours/days of work/flexitime/childcare vouchers all stay in place, and you were concerned after the meeting that they weren't aware of that. A bit more softly softly, then if their response to that is tough, you can then take firmer action if you want to.

[Rosebug258]

That's a really good idea, shall draft a letter/email to them (if I can find out who to email) :)

Thank you I will try the softly softly before I start sprouting anything else, wouldn't surprise me if I went in all guns blazing so to speak my job would suddenly be made redundant!

Thank you again :)

[Rosebug258]

Oh the joys, have just found out that company a owe me nearly £450 in overtime and expenses, emailed them and I have been told to contact company b as I am now no longer an employee and will have to claim from them, can they do this?

[snowgirl1]

Under TUPE all duties and liabilities transfer to company B. So, yes, you should contact company B.

In many business acquistions the two companies agree in the contract that company a is responsible for any costs, liabilities, etc. which happened pre-transfer and company b is responsible for everything post-transfer, but I believe that this means that you'd go to company b, they'd pay you, then company b would approach company a to be paid for the costs they've incurred that related to pre-transfer.

[snowgirl1]

This Gov.uk website very briefly explains that the duties transfer.

Out of interest, did Company A have any policies on when expense payments had to be submitted which might prevent payment? e.g. within a month of incurring the expenses?

[flowery]

Yes what snowgirl said. If the commercial agreement between the two companies is that company A will fund historical liabilities, that will be between them, and your claim goes to company B.

[Rosebug258]

Ok will try company b god knows how I'm supposed to do this as its new systems etc and I've not been trained, also can I ask for another kit day to cover my costs as in order to do this I will have to get childcare for a few hours?

Thank you

[flowery]

Why do you need a few hours? If you've done an email to company A setting out why you are owed overtime and expenses, can you not just resend it to your manager, copying HR, at company B?

[Rosebug258]

I need to log onto the new system apparently!

I'm sure this isn't my responsibility I put all my overtime/expenses on the company a systems all went ok got a ref no it was my old manager who didnt sign it off, now I'm £450 down typical

Will try the email to new hr now, I'm just going to send a generic email to the address on the website as I have not been given any contact details