Tupe holiday entitlement

b-b-b

Hi all,

I have a question about TUPE - I have full holiday entitlement I haven't taken any holiday to date (full 25 days leave). I'm in the process a TUPE transfer - I'm transferring from Company A to Company B...

I raised my concerns about holiday entitlement in the TUPE process assuming that Company A will be paying for holiday owed in my final pay-check - a quick meeting with HR and accordingly them they can't pay me for the holiday time?

HR (from Comp A) insisted I raise this with Company B. I raised this with them but they've said they don't roll over holiday, and won't be paid for it...

So where does that leave me? It looks like I'm going to lose this time off because of TUPE either company want to assume responsibly...

I'm not bothered about the time off I would rather have the money - any ideas here?

paddedjohn

When does your hol year run from - to and are you trying to carry forward hols?

anamenottaken

b-b-b wrote: »

Hi all,

I have a question about TUPE - I have full holiday entitlement I haven't taken any holiday to date (full 25 days leave). I'm in the process a TUPE transfer - I'm transferring from Company A to Company B...

I raised my concerns about holiday entitlement in the TUPE process assuming that Company A will be paying for holiday owed in my final pay-check - a quick meeting with HR and accordingly them they can't pay me for the holiday time?

HR (from Comp A) insisted I raise this with Company B. I raised this with them but they've said they don't roll over holiday, and won't be paid for it...

So where does that leave me? It looks like I'm going to lose this time off because of TUPE either company want to assume responsibly...

I'm not bothered about the time off I would rather have the money - any ideas here?

In addition to paddedjohn's questions:
Are you contracted to work 5 or more days a week?
Is your annual entitlement 25 "ordinary" days plus 8 bank holidays?

b-b-b

I work f/t Mon - to - Fri. I don't know when holiday year runs to and from as I've never taken any - I have got 25 days including the banks hols.

I'm not intending to roll it over - Company B has stated they do not rollover holiday, I'd rather be paid for it but obviously based what is remaining for this holiday year.

I'm not sure what's going here - Company A - refuse to pay for me the holiday and insist Company B will inherit the issue with holiday however they've stated they don't rollover holiday/ won't pay me for it...I refuse to lose it!

I don't think there enough time (in the holiday year) for me to take all of it.

Galaxy1987

I believe that companies are no longer able to pay for holidays unless your employment ends i.e. resignation or dismissal.

Also TUPE should allow you to 'carry' your holidays over (from old company to new company) as TUPE is the process of continuation of employment from one company to next during takeover.

for example my employer does not allow annual leave within the first 2 months of the year Jan-Feb due to the business needs, but I still accrue my annual leave during this time. If my company is taken over in March it would mean that i am still entitled to the annual leave to be taken after the takeover as my employment has not ended just transferred.

Hope this makes sense.

Also when you say 'includes bank holidays' is this 25 days + BH or inclusive.

paddedjohn

Op, you say you have never taken hols, how long have you worked there? You also say that you don't know when the holiday year runs from-to but at the same time you say you can't take your hols as there isn't enough time left in the holiday year, I'm confused.

anamenottaken

b-b-b wrote: »

I work f/t Mon - to - Fri. I don't know when holiday year runs to and from as I've never taken any - I have got 25 days including the banks hols. Look at what your written particulars of employment say about holidays. If you have worked there for at least two months, you should have been given these. If not, ask for them. Legally, if your contracted hours are for 5 days a week, you cannot be due just 25 days paid leave including bank holidays for a year - the statutory minimum is 28 days.

I'm not intending to roll it over - Company B has stated they do not rollover holiday, I'd rather be paid for it but obviously based what is remaining for this holiday year. A small amount of Statutory holiday can be rolled over but only if the employer and employee agree so not applicable in your case. They are perfectly in their rights to refuse but you cannot insist they pay you for it either - unless you leave before the end of the holdiay year.

I'm not sure what's going here - Company A - refuse to pay for me the holiday and insist Company B will inherit the issue with holiday however they've stated they don't rollover holiday/ won't pay me for it...I refuse to lose it! Put in a request for holiday now! The only way not to lose it is to take it or to leave the employment.

I don't think there enough time (in the holiday year) for me to take all of it.

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