Looking for advice on employer on holidays

irishgti

Hi im looking for some advise on a situation that im in the middle of at the minute I will try keep it as short as I can.

I am currently employed in the same workplace for the past 15 years, 5 years ago the business was leased out and all the staff were kept on it was all done under a transfer of undertaking agreement so nothing really changed only our employer.

Fast forward 5 years and now our current employer is pulling out of their lease or not renewing their lease.

Information is been drip fed to us over the past few weeks but nothing important. Nobody has been told if we are been kept on or are been ket go from our jobs.

The dates have changed twice, this change was to happen on the 5th and then the 15th of this month. I have 3 weeks remaining holidays to take and have asked about this firstly I was told I would be paid the 3 weeks after they leave but then they have changed the dates again (5th Nov). Yesterday i asked that I take my holidays for the 3 weeks until I have them all used up when they leave and I was told by manager and very angry NO WAY that i can take my holidays in November (1 other staff member has holiday booked for the next 3 weeks) when they are gone.

I have rang citizens information and been referred to the WRC and from them to the FLAC (been given appointment for 20th Nov) not got a definite answers from anybody.

What I want to know is can I demand to take my holidays before they leave or do I have to do what they want me to do and get paid my holidays after they leave?

28064212

Organisation of Working Time Act:

20.—(1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—

(a) to the employer taking into account—

(i) the need for the employee to reconcile work and any family responsibilities,

(ii) the opportunities for rest and recreation available to the employee,

(b) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and

(c) to the leave being granted within the leave year to which it relates or, with the consent of the employee, within the 6 months thereafter.

That you might be being let go soon wouldn't fall under any of the sub-clauses. Also, any action that you might bring or dispute you might raise would almost certainly take longer than three weeks to resolve.

mrslancaster

https://www.boards.ie/discussion/2058212681/looking-for-advice-on-employer-on-holidays

How have you three weeks unused at this stage in the year? You are entitled to two weeks unbroken annual leave after working for 8 months in your leave year.

irishgti

Unused from the previous year

Mrs OBumble

Do you actually have a need to use the leave? If you're about to be laid off, then being paid out for it might be better.

Or do you think they're going to do a runner and not apply the final pay-run with everyone's termination?

mrslancaster

https://www.boards.ie/discussion/comment/118010063#Comment_118010063

Right, so S20 of the OWT applies as 28064212 said. When you say 'after they leave' do you mean the current owners are transferring the company under TUPE to a new owner or is the business closing down?

irishgti

Its a TUEP transfer as far as im aware so nothing really changing apart from the owners

Darc19

https://www.boards.ie/discussion/comment/118011710#Comment_118011710

Then no issues. Your entitlements are protected.

paul71

https://www.boards.ie/discussion/comment/118010063#Comment_118010063

Unused leave from a previous year does not automatically carry over. The obligation to ensure you take your leave falls equally upon you and your employer.

Check your contract of employement to see what it says on unused annual leave.