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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I worked for a small bakery shop who sold the lease and

Customer Question

I worked for a small bakery shop who sold the lease and employees via a TUPE arrangement
t worked my first year with no holiday entitlement as did the other employees. when we started with our new owner she said she was only responsible for this current year,she took over in april which would have been the beginning of our previous employer financial year. aor old employers say the new owner is responsible for leiu year but the new employer says she was not made aware of any monies outstanding I have worked 12 years .this new owner took over april this year.
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Please can you tell me how many days holiday you are owed from this employment?

Customer: replied 1 month ago.
1 year entitlement 100hrs which was how it was calculated I worked 18 hrs a week
Customer: replied 1 month ago.
Ido not wish to call
Expert:  Ben Jones replied 1 month ago.

No problem at all and thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 month ago.

Many thanks for your patience. Under TUPE all existing liabilities of the outgoing employer are transferred to the new employer. So if you had any outstanding leave from the previous employer then once the TUPE transfer takes place these liabilities automatically move over to the new employer and they would be responsible for them. Whilst the old employer would have been expected to disclose this to the new one, this does not always happen. That does not mean the new employer is not responsible for it but it does allow them to potentially pursue the old employer for negligence. That is a claim between them though and your rights are not affected by that as the transfer of liability between employers is automatic. You can therefore still pursue the new employer if necessary for this.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss what options you have should they fail to pay. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 1 month ago.
Had my old employers informed my new boss of holiday hours owed would the new boss been responsible for monies to me or should the old boss given her allowance on the sale, by the way there are 3 employees this involves
Expert:  Ben Jones replied 1 month ago.

All responsibilities now lie with the new employer, whether the old one told them or not. The failure of the old one to tell the new one would only mean the new one can pursue this issue with the old one, it does not change your rights. Hope this clarifies?

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 month ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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