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Accrued holidays during TUPE process

Michaela

We are currently going through the TUPE process at the moment and I have just received notice that several employees have 27 days annual leave left to take. to make matters worse their holiday year runs January -  December so when we take over on 1st December they will have all this leave to take.

I am wondering does any of the financial responsibility for the holiday pay fall to the current employer as this amount seems excessive to have at the end of the year. 

we usually accept holidays no issue but this situation will cause many problems to us both operational and financial.

any help would be much appreciated.

Parents
  • This is a really good question because I am going through the same situation. We have just taken over a contract (January 2018), and the previous company still has not sent us an updated TUPE information with Holiday Balance even after several request. The worst part, their ex employees received their payslips and all the holidays they booked and took in December 2017 have not been paid if they were not accrued. some of them felt short of 12 days of pay. The previous company has answered to the employees that it is not their responsibility to pay any non accrued holidays even if the said holidays were booked back in March 2017. are they allowed to do so?
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  • This is a really good question because I am going through the same situation. We have just taken over a contract (January 2018), and the previous company still has not sent us an updated TUPE information with Holiday Balance even after several request. The worst part, their ex employees received their payslips and all the holidays they booked and took in December 2017 have not been paid if they were not accrued. some of them felt short of 12 days of pay. The previous company has answered to the employees that it is not their responsibility to pay any non accrued holidays even if the said holidays were booked back in March 2017. are they allowed to do so?
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