Help calculate annual leave entitlement after TUPE - new employer not giving accrued hours

tasticz

Hi All,

Writing on behalf of my mum.

Previous Job

Annual Year Period - 1st April - 31st March
Worked Hours per week - 36 hours with (34.5 paid) - effectively 12 hours shift with 11.5 hours paid per day. 
No. of Work Days - 3

TUPE Date - 08/07/2024

Current/New Job

Annual Year Period - 19th March - 18th March
Worked Hours per week - 36 hours with (33 paid) - effectively 12 hours shift with 11 hours paid per day. 
No. of Work Days - 3

Employer calculation entitlement showing as 12 hours

Employer is saying my mum is entitled to 129 hours from 08/07/2024 to 18/03/2025, however, they won't acknowledge the previous accrued annual leave prior to being TUPE.



I used the employers annual leave entitlement calculator website and it is showing as follows:

Previous Year Entitlement based on 34.5 hours working from 1st April to 7th July 2024 - 51.9 hours

Current/New Job Entitlement based on 33 hours working from 8th July to 18th March - 143 hours (employer saying 129 hours?)


Can someone please help? Does special rules apply if you are TUPE? I thought it was a straight forward calculation as per above...

Thanks in advance

Brie

If the current employer won't acknowledge previous accrued holiday then it needs to be paid by the previous employer.  

As for the 14 hours difference in current entitlement could that be due to them not including a couple of bank holidays?  7 hours being the normal hours one might work in a standard 35 hour week (5x7) so they may be deducting Christmas and New Years Day knowing that she will get those off?