Can A Work Contract Be Changed To Give You More Holidays?

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buffymad | 09:20 Tue 15th Nov 2016 | Law
9 Answers
My other half works for a maintenance company along with 2 others. When 2 of them were first employed it was a different company and their contracts were TUPE'd over. When my other half was employed he had a different contract to them as it was under the new company. I think they've been taken over yet again and everyone's contracts were again TUPE'd over.

2 of them have 28 holidays and my other half has 20 (plus bank holidays). He's asked before about this saying it's not fair as they're all working for the same company so surely they should get the same holiday benefits, but has been told as they've been TUPE'd over they have to honour the original contracts. Is that right or are they just trying to get out of it?

Hope I've explained all that ok, it's well confusing!!


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How much holiday do newly-employed people get?
Do the maths. 20 + 8 BH = 28. It's the same thing. Those on 28 days will not be getting an extra 8 BH.
My OH gets 28 days plus bank holidays. New people get 20 plus bank holidays. For him it is about length of service. He has been there 30 years.
If the other company had more favourable terms and conditions before
they were TUPE'd over they will retain them in the new company.
No expert but I do not believe a company can not improve t&cs if they have a mind to, They are saying that they want everyone on 20 days but can not reduce those on 28 already.
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No, the other 2 get more days holiday PLUS the bank holidays on top of that. Seeing as they're all working for the same company now, I thought they might want everyone on an even footing. Not necessarily reducing the others' holiday entitlement but bringing other half up to same as them.

They try to use the oh you were TUPE'd over, there's nothing we can do about it excuse. Just would be nice if he could say something knowing he has a leg to stand on!
Where I work is in the exactly the same position - most employees were TUPEd over and get more holiday but less pay than those joining the company now on new contracts (who get more pay but less perks and leave). Many are doing the same job as one another. The comment they can't because of TUPE is quite valid. The only way round it is to get a job on the new contract which would probably mean applying and being re-interviewed..
Purdie is correct I have worked in that situation. The original employees get more holiday than those who were TUPED. Yes you can apply to be reemployed under the new contract BUT you will be classed as a new employee and lose your years of service.
It's not fair though is it buffymad? By rights the employer should have everyone on an equal footing. Years ago I was working in sales for a firm on a basic + commission basis and new salespeople were brought on and had negotiated a better basic than mine. I argued that, seeing as I was the only female this could be seen as discrimination, and immediately got a very nice pay rise. Equally the firm I now work for had a standard 20 days + BH for everyone but they TUPE'd in staff from another company who had a standard 25 days + BH. It was only a few staff that they TUPE'd in but they changed the entire 200+ staff's entitlement to 25 days + BH.

If he is well thought of there then he should push to be on an equal footing.

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