TUPE holiday entitlement

Nathalia0108

Hi All,

I really need some advice here!
I have been TUPEd over to a new company on 09/11/2018 and their holiday year run from 1st of January to 31st of December while my old company holiday year was from 1st of April to 31st of March. In July 2018 I booked 16 days holiday for January 2019 and at first it had been rejected as I was 3 days short in my allowance as my holiday had been all paid for by a family member I asked to take 3 days unpaid and my old employer was fine with that. In january I took the 16 days holiday and was paid for all of it by my new employer. So I just assumed it had been taken from my allowance that started on the 1st of January with the new employer. With both employers I was entitled to 28 days including bank holidays, so according to my maths I had a total of 33 days holiday (13 days from old employer + 20 from new employer - 8 bank holidays=33 days) right? But now my new employer says I overused my holidays massively as I took 16 days in January, 1 day in March, 1 day in June, 6 days in July and 2 days in August, total 26 days. Can someone please explain to me what am I missing here?

cr1mson

I am confused why would you have 13 days from old employer?

[Deleted User]

I think the confusion is the OP is trying to stipulate that they should receive what's left in the holiday period the old employer had and adding it to what the new employer offers, which I think is in correct.

getmore4less

The 3 simple ways they can do the transition

The holiday accrual 1april upto 9/11/18
You then carry over/under the accrued ballance to the holiday for the rest of the year.

Or they could carry the ballance over at 1jan in line with the new holiday year

Or they could carry over April. 2019.

April to Dec you would have around 28*3/4 less BH(7) 15 days

Less any holiday taken in 2018 April to dec
If 16 would have taken you 3 over that would be 7days leaving 8.

How did you get 13 left from 2018

paddedjohn

With your old employer between 1st April and 9th Nov you would have accrued a total of approx 17 days holiday minus 4 bank hols in that period which leaves 13 days (minus any other holidays taken).
From 9th Nov to year end 31stDec with your new employer you will have accrued approx 4 days but you need to minus any time taken off over Christmas from this including any bank hols.