Company being sold and enhanced maternity pay

[BirdIsBoredOfFlying]

Hello, hoping someone might know the answer to this one!

I've recently found out I'm pregnant (6 weeks) and my current employer has a really generous maternity policy. However, the part of the business I work for is about to be sold.

My employing entity won't change but I know that company policies don't transfer across (the maternity policy isn't part of my contract). All going well, I will be telling my employer about my pregnancy at 12 weeks and then the transfer will happen about 4-5 months afterwards. The likeliest scenario is that I will go off on maternity leave after the transfer has happened.

Does anyone know what normally happens in this scenario? I'm accounting for the fact I'll likely be under the new employer's policy (and I don't know what that is so assuming statutory) but curious to know if anyone has any experience of this happening!

I would say that as your benefits aren't contractual agreements the company can change them whenever they want, and could withdraw even if the company were not being sold. Sorry. You might be able to negotiate this with your employer once you have notified them of your pregnancy though

Yes, I'm sure this is right. Oh well, can only hope!

Even if the policy is not contractual, it may have given rise to implied contractual rights. If they don't stick to the current policy, you should consult a lawyer who specialises in employment law. They will be able to advise whether you have a claim. If you have legal cover on your home insurance, they may be able to help.

IME those kinds of policies are more likely than not to transfer to the new employer, but it isn’t guaranteed.

You would probably have to post the exact wording of the relevant clauses in your contract and the policy itself to get a better idea.

You could always ask for confirmation that your maternity rights will be transferred as part of the consultation process though.

Thank you for the advice. I'm fairly confident that the policy will change once the sale goes through (current one is off market) but it's just interesting timing as I suspect they won't have given it much thought yet. Me telling them I'm pregnant will force them to think about it!