tupe holidays

[rael]

I own a business which is being taken over as a TUPE on 1st March. The holiday year for staff runs from 1ST April to 31st March. Most of my employees have taken all their due leave for this year i e until 1st April, but some have leave still due and others are carrying an allowed 5 days forward into the next leave year. My question-for those who have already taken their full entitlement, am I right in thinking the new employer will owe me 1/12th of that holiday pay, and how do I go about sorting out the holidays which are still due-do I pay the new employer the equivalent amount of what these staff hours are due before the transfer of business? Am feeling very confused and would greatly appreciate any help!

Have you had any advice from a solicitor about the TUPE transfer? To be honest there are probably greater issues than the amount of annual leave for staff.

everything else seems to be sorted out-the new employers are taking over all conditions as laid out in the staff statements, and do not want to change anything, it is just that I am confused about how to resolve the holiday payments, and the more I Google, the more confused I get! I can speak to my accountant and a solicitor tomorrow, but was trying to save myself a sleepless night! I only became aware today that the accrued hours were probably my responsibility-for some reason I thought they were transferred to the new employer!

Holidays do transfer to the new employer. It's just that the sale agreement may require you to pay the new employer in respect of holidays outstanding (or have it knocked off the purchase price).

Thanks Ribena--have managed to get it sorted out!