Help please, advice on holiday entitlement after bussiness changed hands.

[Nuttyprofessor]

I would be grateful for any advice to help collegues and friends.

The company I work for changed hands in June. Two of my collegues took their annual leave in August but have not received any holiday pay. We were told under TUPE that our contracts were protected and we would have the same rights as before the take over.

Our current employer says that the holiday was earned whilst we were working for the old employer so they are not obliged to pay it.

Any advice would be gratefully received. My collegues are a couple and are on a low wage. I would like to help them sort this out but my boss is the kind that will only listen to arguments based on legal requirements.

Thanks

Your new employer is wrong.

www.direct.gov.uk/en/Employment/Employees/BusinessTransfersandtakeovers/DG_176391

Your new employer is wrong. Holiday isn't 'earned' in that way - you are entitled to be paid at the time you take the holiday.

The two companies may have a notional agreement to reimburse one another in respect of holiday built up before the purchase, but that is between the two of them.

Your colleagues need to put in a formal complaint if this isn't properly dealt with. Then, if necessary, it would be a very straightforward tribunal claim that they could handle themselves or get help from a law centre or CAB to pursue. Your new employer sounds a bit of a shit to be honest.