Tupe and sickness

[gttia]

Does TUPE effect a sickness policy.

For example, the original company has one policy, the company I have transferred to has another.
Do you know which is to be followed.

Thank you

Depends whether the policy is contractual or not. Sick pay entitlement is normally contractual. Procedure in terms of how sickness absence is handled is less likely to be contractual.

I'll give the background,

I had ten days off for surgery last September, then two days this month, a week less than a year was up.

My original company state no more than eight days within six months
The new company state no more than eight days in a year.

So they've put me on a sick review. I'm very upset, the old company were happy with my surgery, all planned, signed off with occupational health on my return etc. No problems since.

The new company want me a six week sickness review. I don't ever have time off sick, they can see that. I hoping I am within my rights to make a fuss!!

I'll give the background,

I had ten days off for surgery last September, then two days this month, a week less than a year was up.

My original company state no more than eight days within six months
The new company state no more than eight days in a year.

So they've put me on a sick review. I'm very upset, the old company were happy with my surgery, all planned, signed off with occupational health on my return etc. No problems since.

The new company want me a six week sickness review. I don't ever have time off sick, they can see that. I hoping I am within my rights to make a fuss!!

I'm afraid the background doesn't matter. TUPE protects your terms and conditions, so if the 8 days in six months (before what happens? A disciplinary warning?) rule is a contractual thing, then it should carry over, if not, then it doesn't.

In that case I am very unfairly on a sickness review that I shouldn't be on.
I will be looking forward to challenging this tmrw morning.
Thank you so much for replying

The policy is definitely contractual?

I believe so yes. The whole thing has been horrible - at the moment it feels to all of us like they are trying to get rid of us