Holiday pay please help

[Andrew1986]

Hi guys I'm not sure where I stand with an issue over holiday pay with a new boss

To give you background info I work at a petrol station which is owned by rontec they have a boss to run them which they call the operator (I think it's a franchise style system) although the details of it have never been explained

Anyway we had the same boss for my entire time ive been there (around 3years) last month we were called to a meeting where we were told our boss was giving up all his petrol stations and we were introduced to a man that was taking over ours we were told nothing would be changing our hours and everything would remain the same and we weren't asked to sign any new contracts

On to the problem
A colleague of mine had a pre booked holiday which was booked in advance of the new boss coming in however when we were paid this week he has not paid her for the time she was on holiday stating she hasn't worked for him long enough to be entitled to any

I am due to go on a weeks holiday next weekend and he's telling me the same

Surely this can't be correct I am not in a position where I can go without a weeks pay I rely on it to pay my rent etc my holiday has been booked for over a year and has been on the calendar at work since then

- - - Updated - - -

To clarify rontec still own my petrol station only the "operator" has changed

[ostell]

Re: Holiday pay please help

Your new employer has taken over the business and thus is subject to TUPE regulations. The effect is that you will be considered as having worked for him as though it was continuation of employment.

I would suggest contacting ACAS and ask their advice.

[teaboy2]

Re: Holiday pay please help

Also advise him you are entitled to holiday as you have worked for the company around 3 years and that is 3 years continuous employment, the fact he took over the company has no bearing on your length of employment. Your contract of employment was transferred to him under Transfer of Undertakings (Protection of Employment) Regulations 2006. Therefore hes legally obliged to pay holiday pay as per it is stated in your contract of employment. In fact if you had started work for him just yesterday and then took your full holiday entitlement of this month, he'd still be legally required to pay you holiday pay.

Its a breach of section 13 of the employment rights act to make unauthorized deductions to wages (including holiday pay), hes also in breach of section 13 (annual leave entitlement) and section 16 (payments in respect of period of leave) under the working time regulations 1998 - But also a serious breach of contract in which you an any other employee could issue a claim against him for!

[Andrew1986]

Re: Holiday pay please help

I'm not sure if this has any bearing but the new boss has claimed this site isn't making as much money as his others so he has informed rontec he's not keeping it on and has given rontec notice to find another operator

He's now using this reason claiming our time working for him will be 6/7weeks so he believes we won't be working for him long enough to get holiday time

Is he correct?

[teaboy2]

Re: Holiday pay please help

I'm not sure if this has any bearing but the new boss has claimed this site isn't making as much money as his others so he has informed rontec he's not keeping it on and has given rontec notice to find another operator

He's now using this reason claiming our time working for him will be 6/7weeks so he believes we won't be working for him long enough to get holiday time

Is he correct?

Nope, whilst he still has ownership then he is still contractually your employer and liable to pay your holiday pay for the time you took holidays whilst he his the owner of the company - Its makes no difference if its a franchise or an independent company. Hes the employer until a new owner takes over, in which case your contracts will then tupe over to the next new owner, but until then he is contractually and legally obliged to pay your wages, holiday pay, and any other monetary benefits of entitlements your entitled to under your contract of employment or under statutory law - Holiday pay entitlement is statutory law, if he doesn't pay hes in breach of the law as well as your contract. So in simple terms its tough shit, so long as hes still the owner hes liable to pay your holiday pay!

How long he's owned the business is irrelevant as it makes no difference if hes owned the business just 1hr or for 50 years, hes still liable to pay his employees whilst he owns the business wages, holiday pay and other benefits and statutory payments such as sick pay, maternity pay and obviously holiday pay.

Have you contacted Rontec themselves to seek help in resolving the situation, as am sure they will not be happy with your employers unlawful actions!

Also you should consider contact ACAS to advise them of the situation as they will contact the employer directly to advise him he has to pay your holiday pay, plus ACAS is the first step to bringing formal proceedings against the employer, should the employer continue to refuse to pay your holiday pay!