Tupe sick leave

[Bluesarestillblue]

Hi, I tuped from another company in 2020. In the old company I was entitled to full salary sick pay for 6 months. However, the documents for the new company state that I’m only entitled to 4 weeks sick pay. Can I check if they are able to change the sick pay as part of the tupe transfer? I’m in Scotland if that’s helpful. Any advice
Or links would be appreciated

Was the 6 months paid leave contractual? Have you been told your paid leave is now 4 months or are you just looking at policies on the intranet?

@HunterHearstHelmsley the 6 months for my previous company was on the intranet: it was not on my contract (contract refers to policy on the intranet). For the new company the sick leave is documented on the intranet. And I’ve not received company sick pay after 4 weeks when I was off for 3 months

You need to talk to ACAS as TUPE is complex. Do you have a copy of your original contract and the old sick policy which gave you 6 months pay?
Are/were you public sector?
Do you have a Trade Union?
Did you sign a new contract?

On the very limited information provided you could write to HR and ask for sick pay as per previous policy and remind them you were TUPE transfer. You could also mention unlawful deduction of wages. If they refuse then lodge a grievance and be mindful of ET1 submission timelines.

All of this is dependent on your specific legal position which is why you need to talk to ACAS.

Terms can be changed, but TUPE is there to protect you as part of the business change

If not agreed upon then you should not be disadvantaged
However, if for example the new companies terms had previously been equivalent and they have been changed for everyone then it would not be a TUPE matter, but if you are being treated as on the new companies conditions without a compensating term then you have been disadvantaged by the change

www.acas.org.uk/employee-rights-during-a-tupe-transfer/changing-your-employment-contract-after-a-tupe-transfer