Maternity Leave and TUPE rights?

[december2020]

I'm currently in a situation where I'm on maternity and my role would TUPE to another company by the end of the month (I was told this week).

I have my 1-2-1 consultation next week and will of course ring ACAS after that to understand my rights better and if I need to get a legal professional involved if the outcome isn't looking good.

However, I've been trying to search to understand if I decline the TUPE transfer and would want to be redeployed into my current company, do my maternity rights still stand? Or if there is no role to be redeployed to by the end of this month, it is still seen as me effectively resigning?

I am due to come back from maternity leave at the end of this year.
Has anyone gone through a situation like this? Would you have any advice or insight on how best to handle this situation?

I would talk to ACAS before the meeting.

If you accept the transfer your rights will remain intact.

If you reject the transfer and your current employer offers you an alternative job you will retain your maternity rights. However, if they do not offer you an alternative you will be treated as resigning and your employment will end on the day the transfer takes place. In that situation you would still be entitled to SMP even though you are no longer employed, but you would lose your other maternity rights.