5 weeks ago i started my maternity leave the company i worked for said i was entitled to maternity pay i have worked for them for two and half years now my company have lost the contract and a new company have taken over, this new company are now telling me i am not allowed any maternity pay because i havent worked for them long enough its not my fault the old company lost the contract can they do this to me
2007-11-28 02:40:27 · 9 answers · asked by wendy t 2 in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
You should be protected under TUPE law. The new employer takes over all rights an obligations arising from the contracts of employment of the staff transferred to them. All staff employed immediately before the transfer have to be transferred, they cannot choose not to take on certain people. You are still an employee when on maternity leave, therefore they have to honour your former employer's obligations to you with regard to your maternity leave and pay. Your continuous service from your previous employer is protected under TUPE, so the new employer cannot turn round and say you haven't worked for them long enough. Get advice from a union if you're a member, or from the CAB, and write to your employer pointing out that you believe you are protected under TUPE and are still entitled to your maternity pay. The CAB will tell you what other steps to take if they still refuse to pay you.
2007-11-28 03:09:14 · answer #1 · answered by Where's Spot? 4 · 3⤊ 1⤋
Unless you were asked to re-sign a new aggreement with the new company, your old contract should still be valid. I would suggest you contact your local Labor Relations board (local city or state government). If that is not an option, seek legal advice through a labor relations attorney.
2007-11-28 03:21:09 · answer #2 · answered by Chris Z 3 · 0⤊ 0⤋
so what? Taking maternity leave is not in your control and company rules cannot stand in the way. No company can say that you should put minimum service to eligible for maternity leave. fight it out.
2007-11-28 02:49:14 · answer #3 · answered by subbu 2 · 1⤊ 0⤋
You need to contact a trade union immediately, a company taking over another should be done under the rules of TUPE, which guarantees your rights.
I doubt they're acting within the law BUT there are exceptions for small companies with only a few staff.
So see your union and have them investigate; I'm 99% sure they can't do it.
2007-11-28 02:49:06 · answer #4 · answered by Anonymous · 5⤊ 2⤋
legally speaking you got pregnant before the NEW company came in to existence,,so the action and reaction are different.You can contact the old company and ask for the benifit as a matter of natural justice..Third and last ,,your asking the question is more of a sensational one and appears to have been not done to evoke a rightful answer
2007-11-28 03:00:46 · answer #5 · answered by sasi 2 · 0⤊ 2⤋
You should definitely seek further advice - contact ACAS (HELPLINE 08457 47 47 47). If the business was transferred via the TUPE regulations, then you are entitled to equal conditions of employment.
Follow this link for more info http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026691
2007-11-28 03:11:39 · answer #6 · answered by KJ 5 · 3⤊ 1⤋
no they are breaking the law go and see a solicitor and you will be laughing.No time to carry on but dont let this slide.Good luck.
2007-11-28 04:41:54 · answer #7 · answered by VICTORIA W 2 · 1⤊ 1⤋
They probably can. But since you don't say what country you are in, laws could differ.
2007-11-28 03:59:19 · answer #8 · answered by Judy 7 · 0⤊ 1⤋
Because your question is: I am employed and Pregnant? And, the rest of your story is just ranting, I will answer your question.
Yes, you are employed and pregnant. Congrats!
2007-11-28 02:48:42 · answer #9 · answered by Curt 4 · 1⤊ 5⤋