TUPE takeover

[foxi71]

Hi,
Can someone help my husband with some TUPE issues please?
The firm he worked for put contracts out to tender and the winning company was meant to take over on 1st September. All the employees have letters stating this. Today we found out they took over on 1st August. No one was told of this. The old company never said anything nor the new company. They have also been told that they have lost all holidays due to them as the new company is going from September to August. The old one did January to December. No one has signed anything to implement these changes.
Can the new company do any of this without signed agreements?
Please help as my husband is getting really stressed
Foxi71

[Johnboy007]

Re: TUPE takeover

TUPE protection

TUPE applies to employees of businesses in the UK.
The business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK.
The size of the business doesn’t matter.
When TUPE applies:

• the employees’ jobs usually transfer over to the new company - exceptions could be if they’re made redundant or in some cases where the business is insolvent
• their employment terms and conditions transfer
• continuity of employment is maintained

So if your contract says you have 'X' amount of holidays per year, then it also applies to the new company.

Have a look at this link for more information.
Also you can contact ACAS for assistance and advice.

[foxi71]

Re: TUPE takeover

Can they change when the holidays run from then? The workers are being told they don't have any holidays and have lost all the ones they had with the old company

[Johnboy007]

Re: TUPE takeover

Holiday entitlement transfers from the old company to the new company.
If you have accrued ten days holiday then that's what you still have.
The company can decide when you should take them.