Employment Lawyers Can Answer Your Employment Law Questions
Thank you for your message, the effect of TUPE is that it moves employees and any liabilities associated with them from the old employer to the new employer by operation of law. As a consequence any obligations your old employer had related to maternity leave to your wife would be transferred to ISS by virtue of TUPE. The fact she was not provided an ISS contract of employment does not matter because the old terms in her old contract stay in place under ISS. Therefore, they need to be able to show what those terms were to refute the claim for maternity or indeed a refusal to return the money paid. I hope this helps, if you could accept the answer and rate me 5 stars then Just Answer will credit me for helping you today.