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TUPE and occupational maternity pay

(1 Post)
Araminta49 Wed 10-Feb-16 18:24:13

Hi all, does anyone have knowledge of this please? My DD aged 28 , has worked as a carer in a supported living residence for over 3 years , the tender has been won by another company , who are taking over next month.
All employees are to TUPE transfer with existing contracts , terms and conditions . However she is 5 months pregnant and the old employer would have paid occupational maternity pay , at half pay on top of SMP for 20 weeks . The new company doesn't pay anything on top of SMP! But apparently as its a discretionary benefit , it's not covered by TUPE - so she won't get the extra pay , this is a lot of money to lose 😳 , any thoughts / ideas ? ACAS agree that she should get it . Would a solicitor cost a lot if there is a legal case ?

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