Holiday tupe issue

sabelu

I have a colleague who been in her position over three years and she has realized that she has nt been given the correct holiday entitlement for the last three years. This has been further exasperated by the fact that last year they were tupe 'd and the new employer will honour this years holiday but not backdate it they have referred back to the previous employer we are talking 9 days per year here. The funny thing is it's all In the nhs from trust to trust

Caroline73_2

what is tuped?

ohreally

Transfer of Undertakings (Protection of Employment) Regulations

HO87

What he said ^ ^ ^ ^ ^
Applies - in simple terms - where an employee remains in postion doing exactly the same job but is transferred between employers, in this case it would seem between NHS trusts.

The easiest case is where a security guard is employed by Security Company "A" and is based at a retail outlet. The contract ofr the security work at that outlet is renegotiated/retendered and Security Company "B" take it over. The security guard remains employed at the same retail outlet but changes uniform and becomes an employee of Security Company "B" - essentially. The same terms and conditions apply for a minimum period and can then be renegotiated and there is no break in service but there can be alot more complications than that when you get down to brass tacks.

sabelu

How's about addressing the issue?

Emmzi

what holiday entitlement shoukd she have got, and did she get?
when was the difference noticed?
what did her contract state?
what did she do to address the position?

if the info was freely available to her (eg intranet, company handbook) and she did nothing to challenge it over the 3 years - tough, employer's discretion.

Mudd14

If its NHS, chances are she has lost it. A few people I know work for the NHS and they do not carry holiday forward to the next year.

Marisan

Apologies for jumping in here,but this sounds a bit like the case with myself and three colleagues.

Our former employer has sold the business onto another person,who has retained us all on the same contracts.However,we all have holidays owing (in my case eight days) and neither our new boss nor our former boss is willing to pay holiday pay.This is all current year allowance.

A friend of mine,who is an employer himself,seems to think that we should be paid by our new boss,as he has taken the business on lock,stock and barrel,so to speak.

Does anone have any advice as to where we stand?

HappyG1rl

Marisan,

Under TUPE rules you have been transferred over with the same terms and conditions. So, if your contract of employment provides for a certain amount of paid holidays then you are entitled to take those holidays and be paid for them.

What is your new boss saying - does he expect you to take the time off without payment?

Perhaps you need to contact ACAS to confirm the position and then contact your new boss and let him know that you are aware of the legal position and he needs to comply with it. ACAS may be willing to mediate and explain the legal position to your boss.

HappyG1rl

sabelu wrote: »

I have a colleague who been in her position over three years and she has realized that she has nt been given the correct holiday entitlement for the last three years. This has been further exasperated by the fact that last year they were tupe 'd and the new employer will honour this years holiday but not backdate it they have referred back to the previous employer we are talking 9 days per year here. The funny thing is it's all In the nhs from trust to trust

How come she has only realised recently that she has received the wrong holiday entitlement? Have the NHS trust agreed that she has received the wrong holidays and was it their fault? If so I suggest she goes back to the previous NHS Trust and requests payment for the untaken holidays. Is she in a union who could help her out with this problem? If not maybe ACAS could help.

I must admit I don't think her new employer would have to do anything about her previous one having botched this up. I think TUPE just dictates that the transfer of employment has to be on the same or more favourable terms and conditions than received from the former employer.

ohreally

sabelu wrote: »

How's about addressing the issue?

No problem. The surefire way to get sorted out with a favourable outcome is to get her trade union regional officer involved.