tupe or not to tupe

[karens25]

hiya

my boss and (long term partner) has a business with 1 full time member of staff (me) and three part time, one of which is a new starter.

he has just put the business up for sale and has said that we must now accrue our holidays as in the first year, although previously we have been able to take them as soon as the leave year begins, his argument is that if when sells the business we may have had more than our entitlement, is he allowed to do this? his not very informed accountant says he can just apply 'first year' rules! i have explained to him about tupe applying, therefore our contract(unwritten) continues as normal and the holidays should also remain as in previous years, he refuses to even consider this and im quite concerned about the implications for him if he isnt treating his staff fairly, one of the girls has already consulted acas!

she has a holiday booked in july and is depending on her holiday pay for her spending money, understandably.

any advice gratefully received

thanks in advance

karen

[honeybee13]

Hi there. With most companies, as I understand it, holiday entitlement accrues over the year. For instance, my OH's holiday year starts in January. He 'earns' 1/12th of 28 days holiday each month. That was always the case for me too.

 

I may have misunderstood you question and if that's the case, I apologise.

 

HB