Help, Sick Pay!

[SpringStep1]

Many years back I was employed by the local council. The facility I work at was put up for external management and we were transferred under TUPE regs.

Our terms and conditions of the original contract were met for the entirety of my employment with them. All staff who joined after the transfer were given the same rights as the original staff as this company wanted everyone to be on the same level.

Roll on several years and the contract was up and was then awarded to a new company. So the TUPE process happens again. Same terms and conditions as original- at least we were on that understanding.

We are now two years down the line with the new company. They want us to sign their contracts. All good except they aren't offering the same level of sick pay-only 2 weeks full pay as opposed to 6 months full/6 months half pay- I do not want to sign.

However, they are insisting we are only due SSP with the first company and aren't aware of the original contracts!

The problem is that I have both original contract and 1st company contract (we were told that this didn't replace the original) We never had consultation to accept changes. Although the first companies standard was SSP we were always managed and employed to the original contract. The new company have continued to pay people full sick since take over also.

So after 15 years of receiving full sick pay can it be taken away? Do the historical payments form part of your contract?

For your information I've only had 1 day off sick in the last 6 years but see sick pay as a form of security/insurance for the what ifs.

[ChinkChink]

On the 1st transfer company contract that you signed when you were TUPEed what does it state about sick pay?

[SpringStep1]

SSP only- but we were TUPED on 6 months full 6 months 50%. They continued to pay full sick until the 2nd takeover and the new company has continued to do so also.

[ChinkChink]

Doesn't sound right. If you were TUPEed on the same terms ie 6 months full etc. then the contract should have stated that. If you have signed a contract that says SSP only then the second transfer company is honouring that contract.

[SpringStep1]

That's my worry- this applies to about 30 of us. We were told by company 1 that they needed signed copies of contracts on site for quality testing purposes- that they didn't replace or supersede the original contract.

I do think think company 2 are basing TUPE on the second contract. We however have continued to be employed and managed to the original terms.

[ChinkChink]

I'm not quite understanding.

Did you sign a new contract of employment with the first transfer company?

You are legally entitled to a copy of your contract. When a company TUPEs staff it's my understanding that the original employer hands on their employer copy of staff contracts to the new employer.

If you haven't signed a new one then your original contract applies.

I'm no employment lawyer though - hopefully someone more qualified will be along.

[Viviennemary]

Best thing would be to consult your Trade Union. Certainly don't sign another contract whatever they say. Because if your terms are SSP only why do they want you to sign a new contract. Seems that there is a bit of deception going on here.

[SpringStep1]

Yes, I am consulting with TU. Hopefully we can get to the bottom of it. As I said earlier the new company has continued to pay sick pay also!

[SpringStep1]

Could custom and practice apply as this is something we have had and always told we were entitled to for 20 plus years?