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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have currently been TUPEd over to another company, but

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Hi
I have currently been TUPE'd over to another company, but still working at the same company. I used to have AXA healthcare as a benefit, but have now been transfered to BUPA. My son and myself are currently having treatment under AXA but on the TUPE date the company I originally worked for cancelled the membership, without warning. I was under the impression it would run its course. Some of my treatment is ongoing and was told this would not be covered under BUPA. I now have around five invoices returned to me for payment. I have tried to contact my new company with regards XXXXX XXXXX but no joy yet, I beleive they are in talks with BUPA. If I wait much longer I'm sure I will have to pay myself. Would this not be covered under TUPE Law
Thanks
Scott

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was this benefit a contractual entitlement?

Customer:

Hi, non contractual as far as i'm aware

Ben Jones :

TUPE only covers rights and liabilities connected to your contract so if this was a scheme which had no contractual weight and was just something discretionary offered by the employer then it would not be covered by TUPE and the new employer would not have to continue offering it. Even if it was covered by TUPE, under Regulation 4(4) if the employer can show that any changes were required for an economic, technical or organisational reason (ETO reason) then they could be allowed. So if the new employer runs a similar scheme but with a different provider then it would be unreasonable to expect them to sign up with your old provider just to have to continue providing you with the exact same cover, when they can offer you the same level of cover with their existing provider.

Customer:

Ok, thanks for you assistance Ben

Ben Jones :

My pleasure. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you

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