Have just received a Notice of Assignment informing me that when my current government employer splits into two new organisations I will be assigned to the new private sector element of it on 1st April 2014. No surprises, was expecting this. Terms and conditions etc are protects by a COSOP arrangement which is similar to/instead of TUPE apart apparently, with terms and conditions protected until point of sale in autum 2014.
I have a disability which is recognised under equality act and employer currently works with me to ensure this is adhered to and measures are in place to me stay at work, especially.ly over the last two years of first diagnosis as it has meant adjustments to all my life, surgery it try and improve things. However, largely my attendance is not fabulous as I work to manage it, and they have been supportive to allow me the time, space and pay to work hard to try and get better. Some wobbles within this with new line manager who has been more heavy handed but largely supportive.
I full expect this supportiveness cannot and will not continue into the new company. But I don't know when things will change and how I can take some initiative to not let things be done to me. So some questions:
At what point do my current measures in place become void and need to be reviewed and re agreed? Will this be on April when employment changes new new 'holding company' while waiting for contracts to be sold when contracts a re sold in autumn, or both? I am presuming there will not be a continuation of these agreements to new company?
Do my sickness absence days get transferred to new company? Will the process of assessing the impact of my disability on my work start again, or continue from what has currently been done? Does all my notes, details, OH reports etc getorted to the new company? And, as technically it will be a new company, but in reality it will be mostly the same people, in the same buildings with the same files around, should they be able to access my OH reports, meeting notes etc under the Data Protection guidelines?
What questions should I be asking to find out how my rights as a disabled employee are protected in this transfer, what might go wrong that I need to be aware of, what should I look out for?
I asking these questions as I fully expect, due to a surplus of staff expected in the new privat sector part of the split they will be quick to get rid of me if they can already evidence giving me time to make changes/improve my health and that my disability means my employment is untenable, especially if further surgery and time off work is expected (not sure if this is the case yet as medical route not finished exploring next steps yet).
And finally (but I might think of more) does my company sick pay period start again on 1st April? I have 6 months full sick pay/6 months half pay, on a yearly rolling basis and this is protected under the COSOP arrangements. I am don't expect it to start again, but would be useful to know what to expect, especially when it comest to to potential further surgery and how they may address time off.
What else should I know about how disability issues could be affected by employee transfer agreements?
Thanks!