TUPE and christmas.

[anxious62]

We’ve recently been taken over and I wonder if anyone can offer any advice.

Old business always shut between Christmas and new year. We gave up one day of annual leave and the other days were on the firm so to speak. This Christmas holidays stating this were announced to the firm in February this year so we know well in advance what we have off at Christmas.

Does the new company have to honour these dates?

If they are a non discretionary contractual entitlement then yes.

If not, then no.

Smart employers would make them discretionary, but you need to read your contract and other documentation.

If something has been happening for a long time is it not custom and practice though and forms part of the contract?