Post by Rob
I used to work for company A, where my holiday entitlement was 27 days a
Now we've been transferred, at the start of October, under TUPE regulations
to company B.
I didn't take any holiday from April to October (April to April holiday
year) with company A. Now company B has told me that I'm not entitled to my
27 days potential holiday, only the pro-rata proportion for the rest of the
Can anyone please point me to the correct section of the legidlation so I
can check if this is true, as I don't really want to lose that many days
Thanks in advance
They are trying it on. You are not meantto be in a worse position
under TUPE. If the business had not been transferred your old employer
would not have been able to cut your holiday just like this.
Your new employer's problem is thatthey have messed up the transfer
agreement. They should have got your old employer to fund their
apportionment of your holiday entitlement. They are trying to cover
this by making you fund it by not taking it and loosing it.
I am of course assuming that your employment contract does not have a
clause in it saying when you can take the holidays.
Further irrespective of the 27 days and the contract you are entitled
to 4 weeks holiday as a MINIMUM. I am assuming you work a 5 day week
so this equates to 20 days. This is enshrined in the working time
I have a little sympathy with your new employer as it could well be
hard to schedule so much hoilday without disruption. In their shoes I
would have tried to buy the holidays back from you.