Holiday entitlement

amigo_J

I have recently been told i will be made redundant. I have had an interview for a job within the company for another position. It appears i have been successful and will start before my redundancy finish date. I have been with the company 10 years and have accrued maximum holiday entitlement. My new contract will start me on the basic holiday entitlement loosing 8 days annual leave. Is it legal for the company to take holiday from me?

sangie595

amigo_J wrote: »

I have recently been told i will be made redundant. I have had an interview for a job within the company for another position. It appears i have been successful and will start before my redundancy finish date. I have been with the company 10 years and have accrued maximum holiday entitlement. My new contract will start me on the basic holiday entitlement loosing 8 days annual leave. Is it legal for the company to take holiday from me?

It is if that is the term for the job you are moving to. Have you asked the employer why you are losing the holiday? Are you willing to turn down the job as unsuitable ( which you may not be able to do if you applied for it) and risk a tribunal claim if they don't give you the holiday?

getmore4less

what's the contractual arrangement for the extra holiday within the company?

If it is service based then you should get them. if they are saying no I would be more concerned they are trying to reset your service.

If it is service in specific jobs ie. do all people changing jobs get their holiday reset then you may have problem.



probably best to approach it as I think you have made a mistake....

p00hsticks

amigo_J wrote: »

I have recently been told i will be made redundant. I have had an interview for a job within the company for another position. It appears i have been successful and will start before my redundancy finish date. I have been with the company 10 years and have accrued maximum holiday entitlement. My new contract will start me on the basic holiday entitlement loosing 8 days annual leave. Is it legal for the company to take holiday from me?

Are you actually being made redundant, or is this new role to avoid being made redundant ?

I'm not an employment expert, but it seems to me that if you are leaving the company in your current role, being paid redundancy and then rejoining the comany as a new starter in a different role then it makes sense that your service starts again. It doesn't sound right that you both get a redundancy payment yet retain continuous service benefits, surely it has to be one or the other ?

General_Grant

p00hsticks wrote: »

Are you actually being made redundant, or is this new role to avoid being made redundant ?

I'm not an employment expert, but it seems to me that if you are leaving the company in your current role, being paid redundancy and then rejoining the comany as a new starter in a different role then it makes sense that your service starts again. It doesn't sound right that you both get a redundancy payment yet retain continuous service benefits, surely it has to be one or the other ?

The OP is not due to receive redundancy pay because the new job starts before what would have been the effective date of redundancy. Their employment will therefore be continuous between the old and new roles.

chinagirl

I'm being made redundant, but could have applied for another role in the Company. If I did and was successful, my voluntary redundancy offer would have been retracted, and I would have continued with the firm. The rules states of you take redundancy I would have to wait 6 months before being 're-employed radio have to pay back all the money!:beer:

anamenottaken

chinagirl wrote: »

I'm being made redundant, but could have applied for another role in the Company. If I did and was successful, my voluntary redundancy offer would have been retracted, and I would have continued with the firm. The rules states of you take redundancy I would have to wait 6 months before being 're-employed radio have to pay back all the money!:beer:

What "rules" are you referring to? Simply the rules your company seeks to impose?

If they paid just statutory redundancy pay and re-engaged you in less than 6 months, they should not try to reclaim the statutory element but might have a company rule which reclaims the remainder.

jobbingmusician

OP, if you are being redeployed within the company you should retain your T & C, including accrued leave......

TBagpuss

OP what are the other terms of the new contract? Does the company generally still offer the opportunity to acrue extra holiday entitlement or is this something which they are phasing out?
How much do you want the job?

I's suggest that you get some proper advice, as it may be that this is a reasonable change to the contract and if you refuse to accept it then you may be considered to have turned down suitable alternative employment.

makemesumdosh

Speak to your H.R. Department, if you change roles within the company without a break in service then you keep your holiday entitlements.

Are you in a union, speak to your Rep if you are. if not think about joining one and get your colleagues to also. Strength in numbers.