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My partner worked as a part time cleaner at a pub through an employment agency, nothing special but it's a job, she started in April 2017, the pub took her on their "books" as their employee in January this year, the holiday year at the agency runs from October the 31st - 1st November each year, so when she moved to the pub from the agency the agency owed her 20 hours holiday pay according to Gov.co.uk's holiday pay calculator, now the agency totally ignored her requests via email to confirm this, they don't answer the phone they have a history of this with other employees apparently, so she contacted ACAS they contacted the agency successfully and ACAS told us the agency claims that she "TUPED" from the agency to the employer so therefore the new employer should owe her the disputed 20 hours holiday pay. My partner showed this claim to her boss at the pub and he says no.
The dilemma now is does she go ahead with a Tribunal where she could lose and end up with costs due to the management of both her employer and the agency behaving like they are in a carry on film ?.... it's not about the money she is owed now as it's only around £160 but it's the principle as the agency involved has "previous" according to reviews on a well know job website, w understand there is always 2 sides to a story etc....
Question is when an agency worker transfers to the employer through a TUPE as they claim should there be supporting paperwork etc explaining the terms and conditions of the TUPE and should't the employee concerned be able to view this under the data protection act or whatever is it known by these days ?
Have also just found out that the new employer should have provided my partner with a written contract by 2 months, which they haven't....
Any help would be great, thanks in advance.
steve
The dilemma now is does she go ahead with a Tribunal where she could lose and end up with costs due to the management of both her employer and the agency behaving like they are in a carry on film ?.... it's not about the money she is owed now as it's only around £160 but it's the principle as the agency involved has "previous" according to reviews on a well know job website, w understand there is always 2 sides to a story etc....
Question is when an agency worker transfers to the employer through a TUPE as they claim should there be supporting paperwork etc explaining the terms and conditions of the TUPE and should't the employee concerned be able to view this under the data protection act or whatever is it known by these days ?
Have also just found out that the new employer should have provided my partner with a written contract by 2 months, which they haven't....
Any help would be great, thanks in advance.
steve
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