Tuped and owed annual leave

[littlesally]

Our team is being tuped over to another company on april 1st. One of our team still has 9 days leave owed but due to sickness and other staff leave it will leave the team in great difficulty if he takes this leave. He is fine with being paid instead of leave (he would actually prefer the money than the days off).

Our present company do not want to pay him and say he cant carry the leave over to the other company and say they won't pay him instead.
They are saying 'use it or lose it'.

Our team should be eight but two people have left (not replaced as no-one suitable applied), one is on long term sick, another will be off for two weeks for an operation and the rest have their annual leave booked.
We will be so far stretched it will be impossible to complete our service which is with vulnerable people.

I did think that maybe he could take the annual leave but then work it as overtime but this company does not pay overtime.

Is this correct or can he insist on having the money?

This is similar to another thread but this is definitely a TUPED situation.

[Sangie595]

Re: Tuped and owed annual leave

He definitely can't insist on being paid. There is no right to that.

If the sickness was his own sickness, then there may be some options - was it, and if so, what length of sickness?

Otherwise, then no - I am afraid that it is up to the employer to make it possible for him to take the leave (in other words, they cannot refuse it, although they can tell him when he must take it) and it is the employers problem what the service consequences are for that.

I appreciate from the information you have given that there are reasons why the team is understaffed, but equally there are half the team all wanting to take leave in the last quarter of the year. That is very poor service planning by management. But this is not your problem. It is theirs.

[littlesally]

Re: Tuped and owed annual leave

Thank you. That is what I suspected.
It wasn't his sick time.

To be honest he is at fault for not booking sometime in advance so this didn't happen.
Our manager is a bit people pleasing so while, if I was manager, I'd tell him he could only take it on the days no-one else is off (even if it means an odd day here and there) I know he will let him take a whole week in one go and it's that which will leave us short.

My last TUPE paid us for any left over annual leave but I guess that's unusual

[Sangie595]

Re: Tuped and owed annual leave

Neither usual nor unusual. Some insist all liabilities are closed, some don't. It's a matter of individual agreements between companies.