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.
This has all blown up now.
Her boss asked her to give him a lift home last night. This is not unusual for the staff and he often gives them the price of an uber (it’s an hour journey).
During the journey he constantly propositioned her for sex, even offering a substantial cash payment and was offering her Cocaine.
She fortunately managed to deliver him with herself in one piece, but that is clearly enough and she has resigned with immediate effect.
I’m disgusted at the way she has been treated but any formal action is inherently risky due to the nature of the bloke and his friends.
Her boss asked her to give him a lift home last night. This is not unusual for the staff and he often gives them the price of an uber (it’s an hour journey).
During the journey he constantly propositioned her for sex, even offering a substantial cash payment and was offering her Cocaine.
She fortunately managed to deliver him with herself in one piece, but that is clearly enough and she has resigned with immediate effect.
I’m disgusted at the way she has been treated but any formal action is inherently risky due to the nature of the bloke and his friends.
surveyor said:
This has all blown up now.
Her boss asked her to give him a lift home last night. This is not unusual for the staff and he often gives them the price of an uber (it s an hour journey).
During the journey he constantly propositioned her for sex, even offering a substantial cash payment and was offering her Cocaine.
She fortunately managed to deliver him with herself in one piece, but that is clearly enough and she has resigned with immediate effect.
I m disgusted at the way she has been treated but any formal action is inherently risky due to the nature of the bloke and his friends.
That needs to be reported to Police and the business owners/directors if different from this manager.Her boss asked her to give him a lift home last night. This is not unusual for the staff and he often gives them the price of an uber (it s an hour journey).
During the journey he constantly propositioned her for sex, even offering a substantial cash payment and was offering her Cocaine.
She fortunately managed to deliver him with herself in one piece, but that is clearly enough and she has resigned with immediate effect.
I m disgusted at the way she has been treated but any formal action is inherently risky due to the nature of the bloke and his friends.
loskie said:
surveyor said:
This has all blown up now.
Her boss asked her to give him a lift home last night. This is not unusual for the staff and he often gives them the price of an uber (it s an hour journey).
During the journey he constantly propositioned her for sex, even offering a substantial cash payment and was offering her Cocaine.
She fortunately managed to deliver him with herself in one piece, but that is clearly enough and she has resigned with immediate effect.
I m disgusted at the way she has been treated but any formal action is inherently risky due to the nature of the bloke and his friends.
That needs to be reported to Police and the business owners/directors if different from this manager.Her boss asked her to give him a lift home last night. This is not unusual for the staff and he often gives them the price of an uber (it s an hour journey).
During the journey he constantly propositioned her for sex, even offering a substantial cash payment and was offering her Cocaine.
She fortunately managed to deliver him with herself in one piece, but that is clearly enough and she has resigned with immediate effect.
I m disgusted at the way she has been treated but any formal action is inherently risky due to the nature of the bloke and his friends.
This chap is best described as a shadow director. Everything is in his partner’s name.
She is better off out of there.
I want to speak to him, but she literally broke down in tears because she is afraid one of us will get hurt if I do.
Sadly it's easy to say report it, but those saying it aren't the ones facing retribution. One of those situations it likely best to just walk away and focus on getting new job/supporting your daughter.
Word will get round, always does, rumours will surround the business, people will make comments on facebook etc esp with so many staff leaving, I'd put odds on it getting sold at some point or 'new management'.
Word will get round, always does, rumours will surround the business, people will make comments on facebook etc esp with so many staff leaving, I'd put odds on it getting sold at some point or 'new management'.
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