Enhanced Mat Pay excluded from TUPE!

[Treesandbees]

Going through TUPE at work. Been offered 2 options 1) stay on current T&Cs or 2) move over to newco T&Cs. They are broadly the same except for enhanced mat pay which is massively different. My current employer is much better.

So thought I would stay with my current employers T&Cs but told today in my consultation that maternity pay is not a T&C and doesn't form part of my contract therefore I loose that benefit anyway. Is this right? My contract doesn't mention maternity in anyway but is instead a company policy.

For us TTC#2 we could shorty be out of pocket by £2.5k which is a huge loss for us. Can I fight this or am I resigned to the fact that I will loose it regardless?

Does the policy say anything about whether it is contractual? Is it part of a staff handbook and is there any overall statement about policies not being contractual?

Thanks flowery for the reply. The Maternity Leave Policy is available on our company intranet. We don't have a handbook, everything is on this intranet.

In my contract there is a paragraph relating to 'Whole Agreement' which states 'The Contract, as amended from time to time, supersedes and replaces any previous arrangements, whether oral or in writing, between the Company and you in relation to your employment. It contains the Company's policies and procedures (which can be found on the intranet), and the whole agreement between the Company and you relating to your employment at the date the Contract is entered into (except for those terms implied by law which cannot be excluded by agreement of the parties).'

How do you interpret that?

Also found this paragraph within my contract:

Terms and Conditions
The provision of this Contract and such policies, procedures or other provisions (or parts of them) as are expressed to be contractual will constitute your contract of employement'.

So that's where I guess they can argue that Mat Pay is not contractual?

Yes they are relying on the second clause and ignoring the first one. The second one says policies are only part of your contract if they are expressed to be so. The first one clearly does express that the Company's policies and procedures are part of your contract of employment. It says the contract contains the policies and procedures.

There is a little legal technicality that might give them a bit of an argument if the policy has changed since your contract was issued, but don't worry about that for the moment.

You need to write to them quoting the first clause stating clearly that the policies and procedures on the intranet do form part of your contract of employment, and as such, are protected along with your other terms and conditions under TUPE regulations.

Thank you flowery, that is what I wanted to hear! I have drafted a suitable email and fingers crossed they concede!