Company paid me annual leave instead of letting me take it

the goon

Hi, so the company I work for sold the part I work for. The new owner does not have an Irish presence and so we had to sign with a new company as" an employer of record" from May. This week I received a payment to my account from the company and then an email to say that as part of the transition there is requirement to payout the leave I accrued from Jan-April and so were paying me for it . I don't agree with this, wasn't asked and would much prefer to have the leave instead of payment. I'm so frustrated and just want to know does anyone have advice on this? Is it even legal? I mean if it is, what's to stop them just paying me for all my leave instead of letting me take it! Would really appreciate any guidance.

Buddy Bubs

Annual leave year in Ireland is technically April 20x1 to April 20x2, a lot of companies, including my own, run the incorrect calendar year. If company was sold they are probably tying up loose ends and have a fresh start with the correct annual leave year with the new entity.

Is it legal, not sure. Disruptive to your plans, possibly. Depends on how far you want to push it, might be easier to just leave it unless plans are hugely disrupted.

Pawwed Rig

On the sale of a company under tupe you are entitled to the same terms and conditions as a continuing employee. If tupe applies then they cannot take your annual leave as it is protected.

Whether you want to make a fuss about it is another thing. I would.

My company is UK based and decided the annual leave year ends on 31st Dec and tried to take annual leave off Irish employees not realising that the annual leave year in legislation ends in Apr.

Backed down fairly quickly

the goon

Thanks a million for the replies. Yes I definitely think I will be making a fuss about it considering they just made the decision without engagement.

daheff

So worst case is you take unpaid leave. You've already been paid for the days so you aren't out of pocket.

Your other option is to refuse the transfer to the new company.

If it is a TUPE situation (which it sounds like they haven't done) then they are not able to f what they have done.

Make sure to clear up this issue, as if they decide to let you go inside the next 2 years you will have no entitlement to redundancy.

the goon

Thanks for the advice. In My contract is has my continuity of employment entitlement listed as my original start date with the company who sold off our section a few years ago.

mrslancaster

https://www.boards.ie/discussion/2058299868/company-paid-me-annual-leave-instead-of-letting-me-take-it

Normally payment for unused annual leave is only allowed when leaving a job either voluntarily, lawful dismissal, or redundancy.

Interested in how this happened OP. It sounds very dodgy to move employees to a new employer without any discussions and without their agreement. Is the new 'employer of record' a local agency by any chance?

Edit: Just saw the other thread on this.

Sounds like a sneaky way to keep experienced staff but get around the tupe rules and employer obligations because an agency (employer of record) would not be the entity buying the going concern or continuing to run the business. Agency new hires would need to build up service years to be covered for certain employment rights like redundacy.

the goon

Thanks very much. To be honest it is getting kind of ridiculous now but it does state in my contract continuity of employment is from my original start date a number of years ago. I have reverted to them stating that given TUPE I do not agree to the payment for acrued leave and wish to retain that leave. I have asked them to confirm this in writing.

alias no.9

Pretty sure 20 days is a legal minimum that has to be taken and there's a legal obligation on the employer to make sure it is taken. Any leave entitlement over 20 days per year would be at the employers discretion, pay in lieu / use it or lose it.