TUPE and Holiday Entitlement and more

NurseMoneySaver1122

Hi all

My boss phoned me the other day to say they have lost the contract and myself and my colleague whom I job share with will TUPE across to the new company in Nov. He said he will come in (think he said with HR altho can’t be sure) to tell us officially.

So our holiday period is Jan-Dec. We both have a fair bit of holiday left (I accrue mine as it’s my first year).

We would both prefer to use our holiday entitlement to avoid any problems with the new employer, or are even willing to work our holiday and have it paid instead.

Just wondered if our current employer has a right to refuse any holiday requests now the TUPE process has started? Or do they have to let us take at least what we have accrued up to now, or up to the Nov switchover date??

Also, I’ve been read about the TUPE protection but have also heard scary stories. I’ve heard reference to a 3 month mark, at which point they can stay charging things. Just wondering if the basic things, namely that fact we job share and the number of hours our current contract says our job takes, can be changed...whether straight away or after x amount of time?

Any help would be much appreciated at such a scary time!

Dox

Until you actually TUPE over, your employer is still whoever employs you now and your holiday entitlement is unaffected. If you want to take holiday put a request in and get it agreed. Highly unlikely a new employer is going to change things, especially with Christmas following so close to a TUPE transfer.

Nothing is cast in stone forever...but that doesn't mean changes are going to start happening any time soon, if at all. If they do, they might be for the better. People are much quicker to 'share' scare stories; saying that all went well is hardly newsworthy!

Blatchford

NurseMoneySaver1122 wrote: »

Hi all

My boss phoned me the other day to say they have lost the contract and myself and my colleague whom I job share with will TUPE across to the new company in Nov. He said he will come in (think he said with HR altho can’t be sure) to tell us officially.

So our holiday period is Jan-Dec. We both have a fair bit of holiday left (I accrue mine as it’s my first year).

We would both prefer to use our holiday entitlement to avoid any problems with the new employer, or are even willing to work our holiday and have it paid instead.

Just wondered if our current employer has a right to refuse any holiday requests now the TUPE process has started? Or do they have to let us take at least what we have accrued up to now, or up to the Nov switchover date??

Also, I’ve been read about the TUPE protection but have also heard scary stories. I’ve heard reference to a 3 month mark, at which point they can stay charging things. Just wondering if the basic things, namely that fact we job share and the number of hours our current contract says our job takes, can be changed...whether straight away or after x amount of time?

Any help would be much appreciated at such a scary time!

But there are "scare stories" with good reason, so I'd disagree with the poster previously. TUPE protects your terms and conditions at the point of transfer. After that the employer can start to consider changes almost immediately if they can justify them under economic, technical or operational reasons. It's a foolish employer who can't find one of these reasons to justify changes they want to make. Any employer can refuse permission to take holiday. They can also refuse to carry it over to the next year. And unless you are leaving your job, they can't pay you for holiday - that's not lawful.

Although you should not ever accumulate leave until the last moment to take it, these are things you need to discuss with your employer and the new employer as part of the TUPE.

And even in your first year you should not have to accumulate leave to take it. That legal provision died a death years ago.

NurseMoneySaver1122

Hi. So a little update on my TUPE. The TUPE went ahead in November and I have continued on as normal.
However, I am currently fighting to get access to my wage slips. So far there have been 2 pay days. I highlighted after the first payday in December that I was unable to access their online wage slips without further info/help. I was assured it will be sorted. Now another payday, and still can’t get access and still no help.
New manager doesn’t respond to me, or when he does it’s to say I’ll sort this out and then I hear nothing.
Without access to their site, I can’t access wage slips, contract, t’s & c’s....it’s all online.
I’ve also asked for them to confirm how much holiday I carried over from previous employer as there was some confusion over this last year. I asked this in November, still waiting for an answer.
I’ve now emailed my manager and copied in HR and Payroll as a last ditch attempt at someone helping me. But I feel I’m getting no where.
On reading online reviews of this company, it appears the managers are well known for this type of poor behaviour and lack of responses.
Any advice on what action I can be t take/who to complain to/what laws or rules they are breaking...anything????? I’m at my wits end 😢

Marcon

All you need to know about payslips and what to do if you don't get/can't access online: https://fmpglobal.co.uk/resources/useful-info/uk-payslip-law/

Blatchford

Unfortunately there is a chasm between what the law might say on these things and what you can do about it. Assuming that you are not in a union (why not?) then there isn't really anyone other than your employer to complain to. If your manager isn't responding then you either escalate it or you submit a grievance. And I might consider very carefully whether I want to do that when I have less than two years employment. Looking for another job might be advisable. If they have a bad reputation that isn't likely to change.

NurseMoneySaver1122

So I’ve now had a reply from Payroll saying that they had the wrong email address but that they’ll email them to me if I correct it (I know this isn’t true but I don’t care tbh as long as I get my payslips!).

But two new questions...

I had asked them to confirm how many holiday I have carried over from my previous employer (long story but there was some confusion over this with my previous employer so I don’t know the exact days I have left...I know it’s close to 2 weeks but I don’t want to guess and end up owing my new employer money). Their reply is that they are still waiting for this information from my last employer. But the TUPE completed in November last year?! Is that normal for them to not have this information nearly 3 months after TUPE has completed?? Is there anything I can do, or am I at risk that they never provide me with this information and I lose the holiday?

Takeaway_Addict

NurseMoneySaver1122 wrote: »

So I’ve now had a reply from Payroll saying that they had the wrong email address but that they’ll email them to me if I correct it (I know this isn’t true but I don’t care tbh as long as I get my payslips!).

But two new questions...

I had asked them to confirm how many holiday I have carried over from my previous employer (long story but there was some confusion over this with my previous employer so I don’t know the exact days I have left...I know it’s close to 2 weeks but I don’t want to guess and end up owing my new employer money). Their reply is that they are still waiting for this information from my last employer. But the TUPE completed in November last year?! Is that normal for them to not have this information nearly 3 months after TUPE has completed?? Is there anything I can do, or am I at risk that they never provide me with this information and I lose the holiday?

Can't you work out how much holiday you took and how much you are entitled to?

You really should be on top of this type of thing yourself tbh

Blatchford

Given that your holiday year finished nine days ago, you may have lost it anyway. Two weeks is an awful lot of holiday to have had left after taking Christmas into account, when your holiday year is Jan- Dec. And yes, if the TUPE was in November it's quite possible that the former employer hasn't been providing information.

NurseMoneySaver1122

Takeaway_Addict wrote: »

Can't you work out how much holiday you took and how much you are entitled to?

You really should be on top of this type of thing yourself tbh

Yeah, as I explained briefly before, I know I have a little under 2 weeks left. However there was a few days that there was some confusion over with my previous employer, which I didn’t go into detail with above for not wanting to bore people with info that doesn’t aid my question or any advice. So I have just been wanting to clarify the exact number of days to avoid taking too much and owing the new company anything.

NurseMoneySaver1122

Blatchford wrote: »

Given that your holiday year finished nine days ago, you may have lost it anyway. Two weeks is an awful lot of holiday to have had left after taking Christmas into account, when your holiday year is Jan- Dec. And yes, if the TUPE was in November it's quite possible that the former employer hasn't been providing information.

I have been asking my new employer for this info since my ‘induction back in November’, when they asked me if I had any holiday left. But to no avail.

Regarding having nearly 2 weeks left, my colleague and I job share and she had a lot of time off last year, of which I spent covering her. So it Was a combination of that and having great management previously who allowed us to take holiday as and when as we covered each other generally, that led to me having this holiday left. Hope that makes sense