On maternity leave - company sold - help!

[ameliasophie]

Hi ladies

Bit of a random one...

The company that I worked for has now been purchased by another company five months into my maternity leave.

My salary will remain the same with this new company.

My original company paid 90% of my salary for the first six weeks of maternity leave and then on to statutory maternity pay and my new company has the same policy.

My question is (and I'm not sure if anybody will actually know the answer to this!)…

Do you think my maternity pay will start again at 90% pay for the first six weeks seeing that it is a new contract with a new company?

I have been paid my first maternity payment with this new company and it looks like that is the case however I'm not sure if it is a mistake or not… I have been paid around 90% of my salary.

I haven't received my new contract yet with my new company so I don't have anything to refer to either. I don't want to be in a position where I have to end up paying back money which was paid to me by mistake.

Any help or thoughts are hugely appreciated!!

X

It is likely you would be TUPEd over on same terms . Smp is defined by law not company and should continue as if it was still the original company.

I would think you would be subject to TUPE which basically protects your employment rights when your job is transferred to another company. So you should not be any worse off than if it hadn’t been. If you are better off it’s either a mistake (most likely) or their maternity terms are better and you’ve been transferred to them.
I’d not spend that money if I were you.

90% for 6 weeks is SMP not a company policy so sounds as if you have been overpaid.

It sounds likely that a mistake has been made. You'll be liable to repay the money if that's the case - so don't spend it (tempting as it is!)

My company has recently been outsourced and we were tuped to a new company
Your terms will stay the same so no, you won't go back to the beginning and get 90% again
The first pay month in our new
Company they hadn't sorted out benefits etc so a few salaries were wrong until the got us on their payroll system then it all got corrected in month two, so prepare yourself for the fact that next months salary may reflect anything you've been over paid this month

I’d definitely contact them and ask them to confirm.

We currently have a situation at work where someone was overpaid significantly on maternity leave and now has to pay back thousands.

Stick it in the offset account in your mortgage, at least it can be reducing your interest while you have it. But it is on hand to pay back when needed.