Holiday pay laws

[benny3008]

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!

[factor-fiction]

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?

[benny3008]

my contract is 16 hours per week. my boss told me today that my payslip for this week will be nil, are they allowed to do this with less than a weeks notice?

[factor-fiction]

It's normal to settle everything up in the final salary payment.
I'm puzzled as to why your boss's departure means you are going- are you in some sort of PA role?
You should be getting appropriate paid notice. Is there any redundancy entitlement too?

[ChuckFickens]

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.

[Whickerman]

If the business is continuing after the boss leaves, and you're still being employed by the same company, then your contract is with the company, not the individual, and your entitlement continues as it should with no need to pay back anything.

[benny3008]

I am not losing my job, the business is just being taken over. all employees were told everything would just be handed over to the new people, i dont understand why holidays cant be too. :-/

[factor-fiction]

We need buildersmate or buenchico then as TUPE seems to apply here

[benny3008]

What's TUPE?

[ChuckFickens]

Transfer of Undertakings of Employees

This is different then, if you are not leaving then you do not have to pay back the extra holiday, your holiday entitlement (or lack off) is transferred with you to the new employee.

[benny3008]

is this by law chuck? im going back to work at 6 and i want to talk to my boss about it but i dont really know how to put it to her.

[ChuckFickens]

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.

[buildersmate]

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.

[donnamlaven]

IF I LEAVE MY JOB IN 2 WEEKS AM I ENTITLED TO ALL THIS YEARS HOLIDAY PAY?

[donnamlaven]

IF I LEAVE MY JOB IN 2 WEEKS AM I ENTITLED TO ALL THIS YEARS HOLIDAY PAY