All UK & I employees received an email about their holiday entitlement, asking them to take it by year-end, or lose it. I'm no expert on the TUPE regulations, but the way I understand it, they can't touch our terms and conditions until 3rd April 2018. Does anyone know if denying the 5 day carryover is legal in Europe?
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I've lost count of the number of years when December's time recording system showed I was on holiday for N days when I was actually in work those days, and January's record showed I was in work for N days when I was actually not there. That way the system 'knew' I had taken all my hols by year end so neither me or my managers got any grief, and my managers knew what the reality was. All fine as long as not taking the mickey and N was only a handful of days, no more than 5.
With the greatest respect WTF have the ridiculous terms and conditions the US put up with got to do with UK contracts?
Whataboutery such as yours is absolutely irrelevant.
The year ends December 31 so yea yes it by year end. duh
Stop crying, we dont accuse Holiday / vacation pay at all in the US and only get days off if your manager approves it
I'm out now, and glad to be, but I'm not sure the TUPE regulations would apply here. As a legacy ES employee, you were employed by EntServ Uk Ltd. This didn't change post April 3 2017: I think you'll still find that this is your legal employer in the UK. With no change of employer, there is no need for TUPE.
personally, I'd stand my ground, carry over the five days and force hem to make you redundant on legacy terms. Getting out in the Summer was the best thing that ever happened to me.
Work my holidays?! No, that will not be happening, no matter how desperate a PM is.
This problem is partly of DXC's making, and DXC will have the face the consequences of the late notification and refusal to permit carry over of leave.
To all ex-HP staff in UK.
Consider that If you're asked to work your holidays by a desperate PM, it is YOUR RESPONSIBILITY to get evidence of HR approval (an email from HR).
If you are asked to work your holidays, always say that the PM has to get you HR approval. Give him a deadline (2 weeks) and If he/she doesn't get you that, say you will not do it and you are taking your holidays. Does that sound harsh? it ain't as harsh as HR will be in dealing with you when they refuse your holidays in the next year.
If you don't ensure this is done, chances are the communication will fail between the 3 parties - PM, senior manager and HR, because no-one gives a sh*t about you.
Also, this communication is no surprise - its a deliberate short stop email, sent as late as possible so that HR can refer to it "We told you so" etc
Ex HPE-er here, I've queried it, my boss has queried it, their boss has queried, it's happening. Any exceptions need L2 approval.
I don't mind the change in practice if they told us in April but leaving the announcement till November just smacks of incompetence. So lots of projects will now be short staffed.
I've had confirmation that the annual leave carryover policy IS PART OF THE LEGACY HPE CONTRACT. Any ex HPE folks reading this, query with your manager or raise an HR ticket.
Good advice already given.
Obviously you are HPE. I can only speak from UK CSC Policy, but in addition to the core entitlement, the UK CSC contract had a HOLIDAY section that said "the contract year will run from JAN 1 to DEC 31st. In exceptional circumstances and with written approval, a max of 5 days may be carried forward into the next holiday calendar year, but all such days should be taken by 31st March.
It did not say 'The company reserve the right to change this' - and we all duly signed it.
CSC were then crafty in then making a Policy of stopping people from carrying holiday over to the next year. They did this by using the employee contract's requirement of requiring "written approval of your manager" by telling all the managers not to approve any holiday beyond 31st December and thus staying within the law and complying with the terms of your contract, since no manager WOULD approve it.
Having gotten away with this... (Scooby!), they then went further: in the UK, they asked everyone to take 1 week of their newly awarded Jan-Dec vacation before the end of the fiscal yr March 31st.
This was not a formal policy, but it was a formal letter (which you can consider policy or evidence) whereby 'we would advise everyone to take 1 week..'
If you did take their advice and lose a week - in the coldest part of the year - you were awarded a sweetener in the form of an extra day being added to your annual amount.
This 'sweetener' was later removed and replaced with a 'You are strongly advised to take a week before March 31st'; implying that if you didn't, your manager may not look favourably on you and, you know, jobs may be lost, starting with yours.
Oh, and they added some rationale: 'we care about our staff having regular breaks' in a manner akin to how Ernst Stavro Blofeld might have advised commander bond, with such caring hospitality.
Glad to be out.
But I am still watching as this Titanic IT company fills with water, just to see how many friends make it to a lifeboat before it hits the bottom.
CSC UK hasn't allowed leave carry over for years now.
Is it illegal for them to change ES people's ability to carry over under TUPE? I think the deciding factor will be if your contract specifically says about leave carry over. If it was just a corporate policy as opposed to a contractual agreement, then TUPE won't count.
Feel free to query this with your union rep or the UKEF...
My suggestion, take the holiday, get out the hell for a few days and relax. Quite why anyone wouldn't use their leave entitlement is a mystery to me.