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