Protection of Employees on transfer of undertakings & Discretionary benefits

Katleenb wrote: »

Hello all,

Interested to find out if someone knows more about this. The Co. I work for was recently sold to investors, and we had a consultation process, in which we were told( in writing) that all conditions remained the same, including the receiving of a 4 week sabbatical after 5 years of employment. They day after the sale was concluded, I read in internal communications that it was a last minute decision from the investors not to grant us the sabbatical, as it is considered a " discretionary" benefit.
Any ideas where to go to find out this is "OK" and bad luck on my part, or is this something they can't "just" do..
Thanks for your input,
KBB

Businesses that are sold as going concerns are governed by TUPE legislation. Legally companies are not required to give you any leave over and above the statutory minimum of 20 days per year for full time employment. The sabbatical is indeed discretionary unless it is in the agreed terms and conditions of your employment contract but you could argue that as it has been in place for a number of years, it is a normal working entitlement in your place of work. You would have to get legal advice on your rights so it really depends on how strongly you feel about it, it would seem an unusual perk to have and would not be seen as an industry wide norm.