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TUPE- Changes to Sick Pay entitlement


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Hello Everyone,

 

Our company has recently been bought out, and all employees are currently going through the TUPE process via an employee representative panel. My understanding of TUPE is that it was a fairly straight forward process as your terms and conditions will remain the same.

 

Currently i am entitled to 20 weeks full pay for medically certified sickness (which I might add i have never had to use, but it is nice to know it is there).

 

However - there has been talk that our entitlement to sick pay will change for the worse as part of the process, and that sick pay does not form part of our employment contracts. I have dug my contract out and the line about sick pay is as follows -

 

The Company’s sickness year runs from 1st January to 31st December. After an initial period of six months there is an entitlement to sick pay, other than SSP – see Staff Handbook for full details.

I refered to the company hand book and that says -

As well as our statutory obligation to pay SSP we operate a contractual Company Sick Pay Scheme which operates for medically certified absences after an initial 5 days paid sickness as follows:

Length of Service

Annually Paid Sickness

Non-medically certified absence after 5 days of paid sickness

Medically Certified Sickness

0 – 6 months

SSP only

SSP only

SSP only

6 months – 1 year

5 days

SSP only

2 weeks

1 – 3 years

5 days

SSP only

4 weeks

3 – 5 years

5 days

SSP only

12 weeks

Over 5 years

5 days

SSP only

20 weeks

 

 

Now is I see this as part of my contract which should not change through TUPE, am I right or do I just have to take this on the chin?

 

Thanks you all so much for looking at this for me, and I look froward to your advice on this.

 

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HI,

 

sorry the formatting of the information from the handbook never came out right, it reads.

 

Period of Employment No of weeks at full pay

(including SSP)

0 to 6 months - SSP only

6 months - 1 year -2 weeks

1 year - 3 years - 4 weeks

3 years - 5 years -12 weeks

Over 5 years 20 weeks

 

Thanks,

Rob.

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Entitlement to contractual sick pay is certainly a fundamental term. Whilst it can be varied, the employer will have to act very carefully to do this properly, and certainly shouldn't be making assertions that it is not a contractual entitlement when it clearly is!

 

You need to make sure that this point is pursued by your representative panel, and push for clarification. If they are looking to scrap this term, then you need to be able to assess any alternative proposed.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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