Tupe transfer help

[diddums124]

Hi all Just looking for some advice I have just been TUPED over to a new employer.

Everything was going smooth until this week I was told that I'm now only entitled to 20 days holiday as they pay double pay on bank holidays ( I work bank holidays and used to get 28 days holiday) I questioned this with ACAS they have said I'm entitled to 28 days either way I have forwarded this and waiting a reply

Also our holiday year previously was June to June it is now jan-jan, they have said we can use what we have left from old employer until June and then after that they will give us around 14 days to use until Jan is this right

Thanks for any help

Edited February 16, 2023 by diddums124

[honeybee13]

Hello, welcome to CAG.

 

I've moved your post to our employment forum, people should be along later to advise you.

 

Best, HB

[Ethel Street]

Tagging @Emmzzi

[Emmzzi]

Everyone is entitled to 5.6 weeks holiday - what that looks like for you will depend on your hours/shifts. 

 

What does your pre-TUPE contract say about holidays?

[Emmzzi]

Also : 

Changing your employment contract after a TUPE transfer: Your TUPE rights – employee advice - Acas

WWW.ACAS.ORG.UK

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How an employee’s employment contract can be changed after a TUPE transfer.

 

 

changing the dates the holiday year runs to/from is an admin change and no big deal but y9our entitlement should remain the same or better.

[diddums124]

Thanks I work 5 days a week (30 hours per week) my previous contracts states 28 days holiday. Is how they are working out the holiday entitlement correct as in giving us 14 days from June 1st until January . 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Emmzzi]

1) whether their maths is correct depends on how many days you have taken already. Also what is actually going to happen with the bank holidays. Roughly, 1st June to 31 December is 7 months so 7/12s of your 28 days = 28 x 7 / 12 days = about 16.3 days. But if you have used a lot between Jan and May, and "owe" them some back, 14 may be correct.

 

2) on the leave/bank holidays questions - 5.6 weeks x 30 hours a week = 168 hours

 

168 hours = 28 x 6 hours days,  24 x 7 hour days, or 21 x 8 hour days.

 

So it depends a bit how they pay the leave.

 

I would ask for someone with HR to sit down with you and explain how it is worked out, and paid. 

[diddums124]

I have taken 19 days holiday from June to January 31st so have 9 left until June this year. Thanks for your help

 

 

 

 

 

 

 

[Emmzzi]

What you have said sounds wrong, but if you have taken 19 days and have 9 to take before 1 June, that is 28 days so maybe the BH is a red herring. 

 

Do you work a BH, get double time, *and* get to take a day off at another time? Or single time and a day off? Or something else?

 

Could you get that clarification and come back please?

 

I think you should get 16.3 days from 1 June to 31 Dec, but that will include 3 days for for August bank holiday, and xmas - so 14 days additionally is a little (but not outrageously) generous if you also get those 3 days off. They are rounding up in your favour.

Edited February 16, 2023 by Emmzzi