Discussion:
TUPE and holidays
(too old to reply)
Rob
2005-10-21 12:33:35 UTC
Afternoon.

I used to work for company A, where my holiday entitlement was 27 days a
year.
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
year.
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
holiday.

Thanks in advance

Rob
Johnny8977
2005-10-21 12:52:00 UTC
Post by Rob
Afternoon.
I used to work for company A, where my holiday entitlement was 27 days a
year.
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 year.
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
holiday.
Thanks in advance
Rob
I can't point you to the regulations but I did a TUPE transfer last year and
keep accrued holidays. It may be worth a call to a employment solicitor,
pretend you are thinking of leaving and bringing a constructive dismissal
against them. The solicitor should be able to tell you if you have a case,
therefore you'll know whether you;re right or not.
Harry
2005-10-21 13:44:44 UTC
To prevent any hassle, you could always agree and then get your days back by
taking sick leave.
Post by Rob
Afternoon.
I used to work for company A, where my holiday entitlement was 27 days a
year.
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
year.
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
holiday.
Thanks in advance
Rob
tim (moved to sweden)
2005-10-21 16:38:40 UTC
Post by Harry
To prevent any hassle, you could always agree and then get your days back by
taking sick leave.
not good advice :-(

tim
Post by Harry
Post by Rob
Afternoon.
I used to work for company A, where my holiday entitlement was 27 days a
year.
Now we've been transferred, at the start of October, under TUPE
regulations
Post by Rob
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
Post by Rob
27 days potential holiday, only the pro-rata proportion for the rest of
the
Post by Rob
year.
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
holiday.
Thanks in advance
Rob
Harry
2005-10-21 19:16:26 UTC
It worked for me in my old job, when personnel made a mistake with the
amount of days I was allowed. My manager wanted to take it out of my wages
or from the next year holiday allowance.

I could have argued and had a lot of hassle, also disputes can work against
your career, so the easiest way was to say that I wasn't happy about it, but
this time I will let it go. Later that year I pulled a muscle in my
shoulder blade at work, and took the extra two days that I lost before. No
hassle and I didn't lose out.

I left that company a while ago, and I have never had a day off sick since.
Post by tim (moved to sweden)
Post by Harry
To prevent any hassle, you could always agree and then get your days
back
Post by tim (moved to sweden)
Post by Harry
by
taking sick leave.
not good advice :-(
Richard
2005-10-21 23:38:18 UTC
Post by Rob
Afternoon.
I used to work for company A, where my holiday entitlement was 27 days a
year.
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
year.
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
holiday.
Thanks in advance
Rob
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
regulations.

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.