Another tupe question...

[ireallyhavenoidea]

Hi all

Our company was recently taken over by another company. We have been tupe'd across. There were meetings but all that was said was "I don't know", "I'll find out", etc. however, it was all quite amicable and we were told we were protected by tupe so have all been relatively happy.

We have now been given our new contracts. A lot of the benefits are just listed "refer to staff handbook". The 'new' company has worse benefits than we had. We have been told we have to issue any "questions" by next week but I am a bit fed up that we, individually, have to ask for what should really be in our contracts (I believe)

So, am I within rights to ask for the old benefits (specifically maternity pay and sick pay which i am most concerned with) to be directly listed in the contract? I am a bit fed up as I feel we a being 'had over' everywhere a bit and don't feel I should have to state that I might have another baby... I should say I have never been off sick long term but would obviously like the protection in case I ever need it!

Thanks for any advice :)

Were they in your old contracts?

No, not listed. They weren't stated within the contract but separately listed in the employment handbook. Does that mean I can't contest it? (That sucks :()

You transfer on the terms of your existing contract. Whether or not provisions in the old staff handbook will apply will depend on if they are incorporated into your contract either as an express or implied term or by custom and practice.