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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 7736
Experience:  15 years experience of advising on employment law matters
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I have been TUPEd over to a new employer in November 2018

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Hello, I have been TUPEd over to a new employer in November 2018 and had a 13 days from the old employer to carry over and for this reason the new employer said that I’m not entitled to 28 days holiday like the other employees. With the old employer the holiday year was from 1st of April to 31st of March and I used those 13 days on a holiday I took in January, I have taken another 13 days throughout the year and now I have been told I overused my holiday allowance massively and I thought I was entitled to 33 days holidays this year (13 from old employer + 20 days from new employer - 8 days bank holiday as I don’t work anyway.) Can someone please explain this to me? Kind Regards Nathalia
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Manager
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello my name is***** am a solicitor and I am happy to help you today. Have you already take the holiday?

Customer: replied 4 months ago.
I have taken a total of 26 days holiday this year
Customer: replied 4 months ago.
The holiday I took in January it was already booked with the old employer since July 2018

Ok you should submit a grievance . Tupe law states that you transfer on your existing terms and conditions and that would include the holiday year remaining the same. They cannot attempt to force their holiday year and subject you to a detriment in this way.

if they do not assist you then you can lodge a complaint with ACAS and you can take the matter to the Employment Tribunal who can determine that the imposition of the new terms in this manner is void under TUPE.

ACAS contact details are: www.acas.org.uk

Is there anything further I can help you with today please?

Customer: replied 4 months ago.
Hi

Hi can you see the answer above?

Customer: replied 4 months ago.
No I lost connection
Ok you should submit a grievance . Tupe law states that you transfer on your existing terms and conditions and that would include the holiday year remaining the same. They cannot attempt to force their holiday year and subject you to a detriment in this way.if they do not assist you then you can lodge a complaint with ACAS and you can take the matter to the Employment Tribunal who can determine that the imposition of the new terms in this manner is void under TUPE.ACAS contact details are: www.acas.org.ukIs there anything further I can help you with today please?
Customer: replied 4 months ago.
But am I entitled to a full holiday year with the new employer or not?
The employer has no right to change the holiday year so yes.Is there anything further I can help you with today?
taratill and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
No that should be everything. Thanks for your help

No problem please take the time to rate my answer before leaving the site, thank you and all the best.