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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48719
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When a new company takes over where I work on the same

Resolved Question:

when a new company takes over where I work on the same contract can you tell me about my holidays that I had already booked before the take over , I have worked there for 9 years
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Were you transferred under TUPE?
Customer: replied 1 year ago.
can you give me your initial response to my question
Expert:  Ben Jones replied 1 year ago.
I have not responded yet, i only asked a question - I was wondering if the term TUPE has been mentioned in the changeover of employers?
Customer: replied 1 year ago.
no only says it s a noms contract, the job is in a prison an outside company took over the contract
Customer: replied 1 year ago.
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Expert:  Ben Jones replied 1 year ago.
It is most likely that TUPE, a piece of legislation that applies when service providers change, will apply. When a TUPE transfer occurs, your new employer takes on all liabilities of the old employer. That includes any pre-booked annual leave. The new employer steps into the shoes of the old employer so once leave is booked it can’t really be refused unless the employee agrees. The employer can refuse leave before it is granted but not after. So in effect everything should remain the same as if you were still with the old employer, apart from the name of the employer will change. They should therefore honour your pre-booked leave as well. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thankyou for your advice and it does help, just one more thing if I may ,under the old employer the year ran from march to feb and my 2015 holiday was actually booked for feb 2016 as was allowed and approved, the new company took over in Oct 15 and runs their holiday year from Jan to Dec .they are telling me that my feb holiday that i booked under the old company is out of my 2016 entitlement.As far as I am concerned I believe that I am entitled to this years full allocation, the Feb Holiday was last years holiday entitlement and have to take this years by the end of Dec this year..Am I correct.
Many thanks
Expert:  Ben Jones replied 1 year ago.
Whilst they can move you over to their own holiday year they should still honour any pre booked leave and only after that is taken should they transition you over to the new arrangements. Hope this clarifies?
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