Query re TUPE and maternity leave

[Attenborough]

I'm expecting my employer to sell my part of its business in the next 12 months, and we're hoping to have a baby fairly soon afterwards. My contract says that I'm entitled to my employer's maternity leave package as it stands from time to time, but the details re pay etc aren't specified in my contract and the policy itself is made available on the internet. If I'm moved to Newco, rather than redeployed within the business or made redundant, will my maternity rights be TUPEd with me, or will I just become entitled to Newco's maternity benefits?

yes your maternity rights will be tupe's but print out a copy of what it says on the internet. Also the contract refers to a policy, and newco may try to argue the policy is not a benefit which transfers as it is non contractual. I think this is an argument which they are unlikely to win espcially if everyone gets the same benefits.

Hurrah! That's great news and the answer I was hoping for. Thanks, Hilda - will do that.

Hmm. In theory the benefits of A maternity policy remain...but since your current employer reserves the right to amend the policy from time to time, you may still not get exactly what is on the table now.

Policy changes should not be as a direct result of the TUPE situation...but if there is a revamp of policies in general, the terms may change. Much the same as if your employer decided to review the policy now, you would get whatever is in force at the time you advise them of your pregnancy, regardless of previous benefits paid to other employees.

Hilda - I would indeed expect the argument that a maternity policy is not a contractual benefit...in much the same way that eg a grievance process is not contractual. I'd say it was 50/50.