Quizzes & Puzzles56 mins ago
Holiday pay laws
14 Answers
My boss is leaving the business on 23rd this month and it is half way through the year with regards to paid holiday entitlement. I have taken all my 14 days holiday except one day, my boss today has said that because i have taken all my holiday, i have taken more than i am entitled to from them because they are leaving half way through the year if you see what i mean? Because of this, they have said i have got to pay them 6 months worth of holiday back. Do i have to pay this by law? it seems so stupid that i should have to pay them back money because i have taken all that i was previously entitled to and they are now giving up, so, effectively im paying them money back because they have given up in the business, it is not my fault that they have decided to leave but i still apparently have to pay them back money i was entitled to! can someone shed any light on this for me as i am very p!ssed off!
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On the face of it, it seems right to me. It is an annual entitlement. Convert it to a monthly entitlement and you have exceeded that. Some firms are reluctant to take them before you've earned them.
If you hadn't taken any holidays you'd have argued that they should credit you with the 14 days you should have had. It works both ways.
But 14 days a year seems low- do you work part time?
If you hadn't taken any holidays you'd have argued that they should credit you with the 14 days you should have had. It works both ways.
But 14 days a year seems low- do you work part time?
All sounds normal to me in respect of the holiday pay, if you have 14 days a year then you earn holiday at the rate of roughly 0.269 days a week, next week is week number 33 so you have earned 33*0.269=8.9 (so 8 full days) holiday so far this year, you have taken 13 so I figure you owe your employer for 5 days pay back.
from http://www.info4secur...=11190§ioncode=10
What Regulation 5 (1) of the TUPE Regs means in practice is that any transferee company in a TUPE transfer situation will be placed in exactly the same contractual position vis-a-vis any ‘inherited’ employees as was the outgoing transferor company. In the eyes of the law, the relevant employees’ contracts of employment with the transferor company will be treated as if they had originally been entered into with the transferee company.
The transferee company will therefore be liable for any accrued holiday and holiday pay entitlement, any subsisting harassment and/or discrimination claims, any and all debts owed to the inherited employees by the outgoing transferor company arising from their contracts of employment or from the employment relationship, any liability in respect of pre-transfer industrial accidents, any pre-transfer pay increase agreement between the inherited employees and the outgoing transferor company, and so on.
What Regulation 5 (1) of the TUPE Regs means in practice is that any transferee company in a TUPE transfer situation will be placed in exactly the same contractual position vis-a-vis any ‘inherited’ employees as was the outgoing transferor company. In the eyes of the law, the relevant employees’ contracts of employment with the transferor company will be treated as if they had originally been entered into with the transferee company.
The transferee company will therefore be liable for any accrued holiday and holiday pay entitlement, any subsisting harassment and/or discrimination claims, any and all debts owed to the inherited employees by the outgoing transferor company arising from their contracts of employment or from the employment relationship, any liability in respect of pre-transfer industrial accidents, any pre-transfer pay increase agreement between the inherited employees and the outgoing transferor company, and so on.
TUPE does apply. Your current employer (boss) simply doesn't understand how to apply it. You transfer your employment to the new employer on the same terms and conditions as you currently enjoy. Do get back onto us if the new employer starts trying to change your conditions of employment without talking to you first.
The way this should be sorted out should not have to involve you. What should happen is NEW EMPLOYER makes a payment to the OLD EMPLOYER (as part of the overall costs of buying the business) equivalent to the holiday pay that you have taken 'in advance'. As you say it isn't your fault the business is being sold.
If you think about it, this compensates the old employer correctly; the new employer is going to enjoy the advantage of employing you for the next few months without you being entitled to further holiday.
The way this should be sorted out should not have to involve you. What should happen is NEW EMPLOYER makes a payment to the OLD EMPLOYER (as part of the overall costs of buying the business) equivalent to the holiday pay that you have taken 'in advance'. As you say it isn't your fault the business is being sold.
If you think about it, this compensates the old employer correctly; the new employer is going to enjoy the advantage of employing you for the next few months without you being entitled to further holiday.
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