Hope you can give some advise.......

 

Following on from daves_new_zx thread......

 

My annual holiday entitlement is 25 days per year. In march I took 13 days holiday to go to Thailand, which was obviously well within my annual limits. I have come back from holiday to find that my branch has been sold to another company, and the completion date is this Friday 29th April. I've just been paid, but wages have DEDUCTED over a weeks salary from my pay cheque, and I've just been told that the new company do not have to honour it. Basically I've just lost a quarter of this months salary and been told...'tough'.

 

Really fooks me off, coz not only did I not know that my branch was even up for sale prior to going away, but the holiday was shit too!! :cry: :( :mad:

seems very underhand to me...write to them and ask them to explain in writing why they wont honor your pay...if they wont then they know thay are on dodgy ground...bingo...small claim or constructive dismissal....up to you

In my experiance this would be the case if you decided to leave your company however not sure how it works when one is sold to another.Personally i've worked for a company that changed hands 4 times and never did this happend?????

 

Doesn't sound right but it's an easy one for Citizens Advice to answer: 0208 6748993

This sounds dodgy to me. I'd have thought that if you are transfered under TUPE, then the new company still have to honour everything outstanding, and the previous company cant dis-honour your previous contract. I'll see if I can find anything out here for you.

Surely unless your informed of a change in contract then your old one is still valid?

Try this link

Might be very usefull ;)

Thanks guys!! I'll be on the phone to the CAB tomorrow when their lines open!

 

Cheers again!

 

Neil

This sounds dodgy to me. I'd have thought that if you are transfered under TUPE, then the new company still have to honour everything outstanding, and the previous company cant dis-honour your previous contract. I'll see if I can find anything out here for you.

 

 

Agree with this, under TUPE the new owners have to take on your contract as is. Its there to protect the rights of the employee under circumstances like yours where ownership of the business changes. Legally theres not much of a leg for them to stand on IMO...

Neil. Soz to give another angle on what has obviously pi55ed you off (but). If you have not accrude the holidays in the time ie usually 2 days per month worked but the company let you take them anyway, You may well be stuck with it :cry: . I have just had a similar case where I as manager I let a guy have two weeks holiday in Feb as a good will gesture :slap: . Only for him to hand his notice in a week after his holiday :xxx: . I asked him to work his notice to affectively pay back the money he had been paid in advance & he promptly pi55ed off & was never seen again :slap: . After accounts chased him he sent a solicitors letter saying it was the company's problem for being negligent if not naive. Now no fu**er gets a holiday full stop. :nono: :nono:

Neil. Soz to give another angle on what has obviously pi55ed you off (but). If you have not accrude the holidays in the time ie usually 2 days per month worked but the company let you take them anyway, You may well be stuck with it :cry: . I have just had a similar case where I as manager I let a guy have two weeks holiday in Feb as a good will gesture :slap: . Only for him to hand his notice in a week after his holiday :xxx: . I asked him to work his notice to affectively pay back the money he had been paid in advance & he promptly pi55ed off & was never seen again :slap: . After accounts chased him he sent a solicitors letter saying it was the company's problem for being negligent if not naive. Now no fu**er gets a holiday full stop. :nono: :nono:

 

 

Yeah, I take your point about accrued days, however I have not resigned from the company. In fact I was specifically told before I went away that my site was NOT up for sale, and the present company would be keeping it on. When I returned from holiday I found a letter waiting on the door step to say that I had been sold off along with the site, but that my contract T's & C's would be honoured and that my employment would be continuous. If that is the case then I don't think it is right that I should lose any money. I'm still in the same job, at the same site, on the same contract.

Yeah, I take your point about accrued days, however I have not resigned from the company. In fact I was specifically told before I went away that my site was NOT up for sale, and the present company would be keeping it on. When I returned from holiday I found a letter waiting on the door step to say that I had been sold off along with the site, but that my contract T's & C's would be honoured and that my employment would be continuous. If that is the case then I don't think it is right that I should lose any money. I'm still in the same job, at the same site, on the same contract.

 

 

As the year progresses, I would expect that you will either subsequently be paid for the time "Docked" from your pay OR that you will accrue the unpaid hols - to be taken at a later date. The portion of the holiday that you have had deducted from your pay, has, in effect become "unpaid leave" and not a holiday. either way you shouldn't lose out

I've studied this... I'm sure an acquiring company acquire all the contracts with which the acquired company were party to.

 

Otherwise Mr Main Shareholder could sell a company to his wife (and buy it back), releasing him from any contracts he felt like.

 

Don't quote me though it was a while ago, but I'm sure they have carry on your contract as it was, or give you notice/terminate your employment.

Just steal loads of post-it notes. You'll recoup the loss eventually.

I've studied this... I'm sure an acquiring company acquire all the contracts with which the acquired company were party to.

 

Otherwise Mr Main Shareholder could sell a company to his wife (and buy it back), releasing him from any contracts he felt like.

 

Don't quote me though it was a while ago, but I'm sure they have carry on your contract as it was, or give you notice/terminate your employment.

 

This is right. Your contract is with the company regardless of ownership.

 

Plus on the subject of accruing holiday, your "holiday year" runs from a given date (many companies state the calender year, some run to 31 march - check your contract). At the start of the year you are given your entitlement - in your case 25 days. It is assumed you will be in constant employment for the ensuing year from the first day of the new holiday year so you could in theory take all 25 days from that day and none for the rest of the year.

 

It would only be adjusted if you left part way through a holiday year, when your entitlement would be pro rata'd over the complete months you worked from the start of the holiday year to the date you left. Any difference must be made up (by deduction or addition) from/to your final leaving salary.

 

After the change of ownership you must legally be notified of any such changes to your contract in writing. You then have 30 days to object to individual specific changes in writing to your employer - all aspects you don't object to are taken as agreed. If you do not object within 30 days or simply do not sign it, it is automatically taken that you have agreed it anyway.

 

I also learned this whilst working as an accountant in the profession. Now I am a finance director I attend HR refresher courses run by Peninsular (Top UK HR consultancy firm) to ensure I keep up to date and don't fall foul of the law myself.

 

HTH

 

Richard :smw:

Bloody accountants :D:D;)

I am a HR Director for my sins! It seems to me from what you say that you leave year runs from January and your existing employer has pro rata you leave until 29 April as approx 6 days. This being their liability for holiday pay to this point. You should therefore accrue a further 19 days holiday with your new employer. I very much doubt your current employer has done anything morally wrong however, theoretically if a signed document exists approving your 13 days paid annual leave (ie an agreement to pay you) then I suspect they may be liable to pay you under the wages act. Alternatively you could ask your new employer to effectively pay you for the holidays instead of taking them. The new employer and existing employer should have been consulting with you. Are you not in a union?

By the way the only part of your contract that is not covered by TUPE is Pension.

Hope this helps...