TUPE rules re contracts of employment
Discussion
Hi all,
Our office is demerging with our current group and merging with another at the end of Feb. Employment contracts are currently being negotiated for the transfer.
Just a quick query regarding TUPE rules - we're aware that terms can be no worse than existing terms, but are a little unsure of the following.
Our holiday entitlement is a basic entitlement of 20 days pa going up to 25 days at 4 years service and then 30 days at 8 years service.
All but 2 of us have achieved 8 years service, so they will all still be entitled to 30 days.
However, 2 of us have only been here 6 1/2 years and 5 1/2 years - would we be entitled to have the 30 days after 8 years service clause carried over?
Our boss is aware that for people already at 8 years, they have to honour the 30 days, but was unsure whether it applied to those of us who are yet to achieve 8 years service even though it is written in our contracts.
I've tried calling the local CAB but after 30 mins on hold in a queue, I though I'd try here instead.
Many thanks
Nicki
Our office is demerging with our current group and merging with another at the end of Feb. Employment contracts are currently being negotiated for the transfer.
Just a quick query regarding TUPE rules - we're aware that terms can be no worse than existing terms, but are a little unsure of the following.
Our holiday entitlement is a basic entitlement of 20 days pa going up to 25 days at 4 years service and then 30 days at 8 years service.
All but 2 of us have achieved 8 years service, so they will all still be entitled to 30 days.
However, 2 of us have only been here 6 1/2 years and 5 1/2 years - would we be entitled to have the 30 days after 8 years service clause carried over?
Our boss is aware that for people already at 8 years, they have to honour the 30 days, but was unsure whether it applied to those of us who are yet to achieve 8 years service even though it is written in our contracts.
I've tried calling the local CAB but after 30 mins on hold in a queue, I though I'd try here instead.
Many thanks
Nicki
Here's the exact wording from the contract:
"HOLIDAY ENTITLEMENT"
In addition to statutory and public holidays, the Employee will be entitled to 20 days paid holiday per annum. All Employees shall give notice of their intention and must receive consent to take such holidays in the form prescribed by the Employer; such consent should not be unduly withheld.
After four years' employment the Employee's holiday entitlement will increase from twenty to twenty five days per annum.
After eight years' employment the Employee's holiday entitlement will increase from twenty five to thirty days per annum."
It then goes on to talk about holiday rules & termination of employment and the period over which the holiday is to be taken.
"HOLIDAY ENTITLEMENT"
In addition to statutory and public holidays, the Employee will be entitled to 20 days paid holiday per annum. All Employees shall give notice of their intention and must receive consent to take such holidays in the form prescribed by the Employer; such consent should not be unduly withheld.
After four years' employment the Employee's holiday entitlement will increase from twenty to twenty five days per annum.
After eight years' employment the Employee's holiday entitlement will increase from twenty five to thirty days per annum."
It then goes on to talk about holiday rules & termination of employment and the period over which the holiday is to be taken.
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