Further TUPE and holiday query….

SpongeMuppet

Hello there,
it seems that I’m always asking something like this but here goes….

it’s looking likely that I’m going to be TUPE’D next year and as such my current employer has basically said that the annual leave situation has changed as our contracts ran from April to April but will be changed in January with the TUPE . So the leave at one from January to April that was covered with the current contract is now being passed along to the new contract, which technically we’ve not accrued yet, which I understand.

it has however created a situation where our leave which was all booked online is now being reduced and as such some have been told that they may have over booked and may have to work to repay it or pay it back…..is that allowed?

Also is it possible to change leave time during a contract as this has happened again?

Any and all replies gratefully received

Undervalued

SpongeMuppet said:

Hello there,
it seems that I’m always asking something like this but here goes….

it’s looking likely that I’m going to be TUPE’D next year and as such my current employer has basically said that the annual leave situation has changed as our contracts ran from April to April but will be changed in January with the TUPE . So the leave at one from January to April that was covered with the current contract is now being passed along to the new contract, which technically we’ve not accrued yet, which I understand.

it has however created a situation where our leave which was all booked online is now being reduced and as such some have been told that they may have over booked and may have to work to repay it or pay it back…..is that allowed?

Also is it possible to change leave time during a contract as this has happened again?

Any and all replies gratefully received

An employer can dictate when an employee can take their holiday just by giving fairly minimal notice. They can also cancel "booked" holiday in a similar way.

The employee is entitled to take their holiday at some point during the year but when is almost entirely up to the employer.

TUPE should not reduce the holiday entitlement but could easily affect when it can be taken.

Savvy_Sue

As it's a one-off situation, then I'd have thought negotiation could and should take place prior to the transfer. 

Without TUPE, we changed our holiday year from Jan-Dec to May-April - we were being required to report 'leave not taken' as a liability in the annual accounts (charity), and it was, as you can imagine, far easier to work out if your starting point was the end of the leave year rather than 2/3 of the way through it. We just added 1/3 of everyone's annual entitlement to the 'old' year, and said it would now run for 16 months to the end of April. Is that worth suggesting?

SpongeMuppet

Savvy_Sue said:

As it's a one-off situation, then I'd have thought negotiation could and should take place prior to the transfer. 

Without TUPE, we changed our holiday year from Jan-Dec to May-April - we were being required to report 'leave not taken' as a liability in the annual accounts (charity), and it was, as you can imagine, far easier to work out if your starting point was the end of the leave year rather than 2/3 of the way through it. We just added 1/3 of everyone's annual entitlement to the 'old' year, and said it would now run for 16 months to the end of April. Is that worth suggesting?

Thanks for that suggestion, tbh it seems that all decisions have been made and we’ve just got to wear it ….ho hum

SpongeMuppet

It seems that now we have the possibility of people being asked to work days that they’ve unknowingly “overbooked” but were originally given the ok for as part of annual leave because the situation has changed, is that possible?