Statutory holidays
Discussion
My daughter has worked for a pub/restaurant for the last 4 years. Currently 20.
The pub changed hands on 1st December and the staff received formal notification that they had transferred under TUPE.
My daughter is on a zero hours contract usually working around 50 hours a week, but 70 hours per week during December.
She took 3 days leave during January and had calculated that she had around 44 hours owing.
The pub did not pay her saying that she had not accrued enough hours as her leave is based on a 37.5 hour week and excess hours are overtime.
They later admitted that they had calculated that incorrectly and an hour later reduced her shifts to 35 hours. In my view this was clear retribution.
As part of this mess the hr rep has said that their allocated annual leave has reset to zero at the change of ownership.
My daughter was called into a meeting with HR and a person* with an interest in the business where they attempted to intimidate her into backing down. I’m proud she stood her ground.
They are saying the old owners never gave them outstanding a/l balances so they can’t honour the TUPE terms. My suspicion is that is the businesses problem and they should not be trying to reset staff leave.
I’d be grateful for some expert views please?
The pub changed hands on 1st December and the staff received formal notification that they had transferred under TUPE.
My daughter is on a zero hours contract usually working around 50 hours a week, but 70 hours per week during December.
She took 3 days leave during January and had calculated that she had around 44 hours owing.
The pub did not pay her saying that she had not accrued enough hours as her leave is based on a 37.5 hour week and excess hours are overtime.
They later admitted that they had calculated that incorrectly and an hour later reduced her shifts to 35 hours. In my view this was clear retribution.
As part of this mess the hr rep has said that their allocated annual leave has reset to zero at the change of ownership.
My daughter was called into a meeting with HR and a person* with an interest in the business where they attempted to intimidate her into backing down. I’m proud she stood her ground.
They are saying the old owners never gave them outstanding a/l balances so they can’t honour the TUPE terms. My suspicion is that is the businesses problem and they should not be trying to reset staff leave.
I’d be grateful for some expert views please?
- person with an interest is not a director or shareholder I assume due to his criminal convictions. He does use intimidation and violence to get his way - hopefully not against a 20 year old female
https://www.acas.org.uk/checking-holiday-entitleme...
May be of some help but not answer the transfer of AL. ACAS may do though.
Sounds like your daughter has a good work ethic and with 4 yrs continued employment at that age would be an asset to other employers too.
May be of some help but not answer the transfer of AL. ACAS may do though.
Sounds like your daughter has a good work ethic and with 4 yrs continued employment at that age would be an asset to other employers too.
A person with an interest in the business can be so for many reasons.
Check here if the person is disqualified
https://find-and-update.company-information.servic...
Check here if the person is disqualified
https://find-and-update.company-information.servic...
When TUPE occurs the employee's terms & conditions transfer also, including holiday leave and pay, including any outstanding holiday pay or any arrangements to carry over holiday from previous leave years.
https://www.doyleclayton.co.uk/services/employment...
Do holidays transfer under TUPE?
On a TUPE transfer, the remaining balance of an employee's accrued but untaken annual leave entitlement for the holiday year transfers to the new employer. Therefore, the old employer does not have to pay the employee for accrued but untaken holiday up to the TUPE transfer.
https://www.doyleclayton.co.uk/services/employment...
Do holidays transfer under TUPE?
On a TUPE transfer, the remaining balance of an employee's accrued but untaken annual leave entitlement for the holiday year transfers to the new employer. Therefore, the old employer does not have to pay the employee for accrued but untaken holiday up to the TUPE transfer.
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