Tupe transfer and income protection plans

[actionblusox]

does anyone know if through a Tupe transfer, whether or not your income protection plan gets taken over by the new employers as well?
because this is not a pension.
thanks.

[Sidewinder]

As far as I am aware, all existing Terms and Conditions are transferred and the new employer needs to negotiate any changes to these.

Quote:
Transferred employees retail all of the rights and obligations existing under their contracts with the previous employer and these are transferred to the new employer. The main exception to this rule concerns the treatment of occupational pensions.

[actionblusox]

the income protection SCHEME was definately not mentioned to me or negotiated and we did not get notified on or after the transfer.
I sent them a letter yesterday asking them to clarify if i am entitled to it or not.
it guarantees 75% net income if you have to take long term sick leave. it pays after the first 28 weeks then until you return to work, if you dont return it pays it until retirement.
up to the present i have been off work for a year so does it look like they owe me approx 6months pay at 75%.

I hope thats right because it is not a pension, a pension pays on retirement or death.
thanks for your help sidewinder.
if anyone else can clarify id be interested.

[actionblusox]

sorry
income protection scheme

[paulgmb]

This sounds like a sick pay scheme?

Yes all your T&C's are protected under TUPE, even pensions!

In short, I wouldn't ask, I would tell them they owe you money. I just hope you haven't waited too long. Why did you wait a year before raising it?

Regards,

Paul.

[actionblusox]

Hi Paulgmb

I am still on the sick.

when i was transfred to the new company they did not give me any amended terms and conditions, i have also had 4 different job titles in one year which is proved on their correspondence.
i complained that they hadnt given me new contract,t&c or a company handbook with new contacts and details.
they tried to say i didnt sign a consent form for release of data, but i know through the IOC that you dont have to and TUPE 2006 Regs. says they do have to send these to your new company. i was given a form at the time which i have a copy which i did sign anyway.
they have provided me with this info exactly one year after i was transfered, so i am thinking they didnt want me to see this part. they have now ended their contract so for the 3rd time i am to be TUPE'd over to a different company in 2 weeks.
as i mention i am still on the sick and just found this out.
Thanks.

[paulgmb]

Hi,

if you do not get a satisfactory reply to your letter then I suggest you raise a formal grievance against your current employer and copy in your prospective employer.

Ultimatly if the matter is not resolved before you exhaust the said procedure then you would have to pursue them legally and a lot will depend on what you signed.

Regards,

Paul.

[actionblusox]

hi Paul
thanks, i have just spoken to a member of the new company and she suggested that we talk after the transfer date?
and that she doesnt have my file?
i thought they were supposed to get all details 2weeks before the transfer, such has indemnity and grievance info, do you know?
then the phone just went dead and i was cut off.
again it looks like this company doesnt want me to transfer over either.
at the end of the day i did not create all this but i am being punished as if it is my doing.
Regards.

[Sidewinder]

The company can't stop you being transferred. They accept the liabilities (not that you are a liability, just your situation) as a part of the deal. The previous employer will normally have to disclose ongoing grievance or disciplinary issues as a part of due diligence, and indemnify the new employer in the event of compensation payouts. As you are still an employee, you are an employee of the new company and they have a legal responsibility to comply.

[paulgmb]

Sidewinder could well be right here but I am aware of cases where employees were not transferred over, the indication you have had though is that you will be.

It's one thing knowing what the law is. It's another thing being able to enforce it, especially with the resources many companies have at their disposal.