TUPE - Losing additional length of service AL

[HRL]

As above really.

Been TUPE’d as the company I work for has been bought out by a larger company.

Should I retain my additional annual leave that I have accrued through length of service? Or do I stand to lose it with no comeback at all?

[softtop]

what makes you think you will lose it? it is usually clear in an employment contract.

[CzechItOut]

The company I am currently working for has recently been through a TUPE exercise. Annual Leave Entitlement including enhanced entitlement based on length of service was classed as part of your contractual terms of employment and therefore protected.

[C0ffin D0dger]

Kept mine when we got bought by a bigger company, their standard annual leave is 25 days for everyone, no increases for long service, but I still get 27.

They could offer to buy it off you, i.e. a salary increase of 2 days pay per annum.

[HRL]

Not received a new contract yet and logged into the new HR system and it shows 25 days, which apparently is their standard.

Originally I had 24 days but accrued an additional 3 over time. Should I have 27 days now then? Or 28?

Just want some info before I tackle HR about it.

[Sir Bagalot]

HRL said:

Not received a new contract yet and logged into the new HR system and it shows 25 days, which apparently is their standard.

Originally I had 24 days but accrued an additional 3 over time. Should I have 27 days now then? Or 28?

Just want some info before I tackle HR about it.

You're still bound by your original T&C's, unless they've asked to to sign/accept a new contract of employment.

[parabolica]

HRL said:

Not received a new contract yet and logged into the new HR system and it shows 25 days, which apparently is their standard.

Originally I had 24 days but accrued an additional 3 over time. Should I have 27 days now then? Or 28?

Just want some info before I tackle HR about it.

Assuming your additional leave is a clause written into your original contract of employment, then you should keep it. If the new employer expects you to adopt 25 days only they need to consult with you on it and compensate you for the days lost by adding 3x daily salary to your annual salary.

[FiF]

That's interesting about having to sign a new contract. It's all irrelevant history now,but when a number of us were TUPE'd over no new contracts signed, but certain benefits were not. For example we had a family education allowance, essentially 50% of any private school fees or university contributions were paid by the Company (technically claimed back on expenses).

With the new lot this was binned, though collectively we came to the conclusion that on balance regarding things where we benefited it was better to go with the flow. Some years later HR realised they had screwed up, so new contracts were agreed. Pragmatism ruled the day on both sides.

[parabolica]

Not uncommon to have them sign new contracts as, after all, they are with a new employer even though it was by TUPE. Every TUPE I've handled, those transferring over have been given our contracts but modified to reflect their grandfathered T&Cs.

[Shappers24]

I tupe’d in 2011. Had the maximum annual leave allowance of 25 days at my previous company, and that was protected. My new firm was taken over in 2012 and we all had to sign new contracts - which included a reduction in annual leave down to 24 days. We also have the ability to ‘buy’ additional days annual leave, so the company just upped my salary by the same amount as it would cost me to ‘buy’ that additional day. My understanding from the process is they didn’t have to do that, as I was signing a new contract with the 24 days maximum in there.

[RizzoTheRat]

Shappers24 said:

My understanding from the process is they didn’t have to do that, as I was signing a new contract with the 24 days maximum in there.

Presumably only if you signed the contract, surely you'd be able to refuse as you'd be signing away additional rights?

I used to work for a big firm that had taken over several smaller ones, they operating a flexible benefits scheme so you could get additional days leave, health insurance, etc on salary sacrifice. This meant they were able to just pay people extra for the benefits they had before, and people could buy the benefit back if they wanted it. Good system, but we still had one guy who had an ongoing court case over a benefit he'd lost somewhere along the way, and when they were offering voluntary redundancies he couldn't go for it as it would mean signing to accept a given set of conditions.