Anyone know anything about TUPE?

[Puzzledtenant]

Not sure how to find advice about this, when I've googled it it just gives very broad advice about TUPE not changing your work conditions but not about carrying on after TUPE.

I've changed some details, just to simplify it rather than for anonymity but let's say I was transferred from Company A to Company B 2 years ago under TUPE. Company B got the government contract Company A previously had so took all the employees fulfilling that contract on.

My pay and benefits are now pretty much what they were on the last day of working for Company A - I had a 'cost of living' type raise along with everyone else in Company B of a few pence a year ago but pretty much unchanged. Everyone hired (to do my job role) directly into Company B earns say £25k a year and has 28 days holiday a year, due to TUPE I earn £24k a year and have 33 days holiday a year as that's what I was previously on with Company A.

Nothing has been said about changing the TUPE arrangements and even though I earn less I'm not keen to change over unless I have to as I get other benefits, such as increased sick pay, but I'm very confused how things carry on now. Under my Company A contract once I'd been with the company for 5 years I'd get another 5 days holiday a year. People on Company B contracts get another 3 days holiday after 5 years. I've passed 5 years in December and new A/L year started in April and I've got absolutely no extra holiday.

Company A gave their employees a wage increase AFTER I was transferred and I didn't expect to get given that but I feel I should get the extra holiday as that was already in my contract even though I hadn't done the 5 years by then, as my length of service transferred too. Otherwise it feels like I'm stuck in the middle not getting any extras that Company A OR B get??

I know I can ask HR but I want to understand how staying on a TUPE transfer actually works first to know what I'm talking about (have never been transferred before). I feel like I'm stuck in between two contracts and I'm not sure where I stand.

In Principe TUPE protects you on day one of changeover, and you would normally retain all the terms and conditions from your employment contract with the previous employer. Your new employer takes you on with the responsibilities that the previous employer had.

If you were made redundant on day 2 then you would be eligible for payment based on your time in employment from the previous employer.

If you take on new terms then you also lose the previous terms.
As you are being paid based on your original company A salary, and others are on a company B salary then I would assume you are still on the leave terms of company A and should have gained leave. (Depending on terms you may have been entitled to have a portion as at December when you hit the 5 years, unless you began with that portion added on)

In principle if nothing else changes you should get your extra leave.

With the others on 28 days - is that 28 days including bank holidays, or 28 days of 'pick your own' plus bank holidays? (the statutory minimum 28 days leave can be counted as including bank holidays)

It is worthwhile having a comparison between terms.

Is their £25k salary also only getting a cost of living increase?
You mentioned sick pay, look into all of the terms. eg if you are sick would your pay drop or stay on full pay for x number of months etc

On pay & leave you are £1,000 'worse off' and 5 days 'better off' (and potentially another 2 days better off with the 3 or 5 days at the 5 year point)

You are in a position that you could opt to claim your company A benefits (extra leave) or switch contracts whilst weighing up the difference of each term.

Thanks for the help, yes everything else has stayed from the old contract, eg the sick pay is full pay for 6 months and half pay for another 6 months and I got full pay when I needed to be off sick, Company B contract is only SSP which is part of why I'm happy not having as much salary, I'd rather not have the risk of losing money if I'm off sick, and I really value the extra holiday. I don't think I'll push to change over then and hopefully will get the 5 extra days, I'll get onto HR.