TUPE and existing employees

Q. Some new employees are transferring into our company under TUPE, and the management wants to reduce our holiday entitlement so that it is in line with the workers who are transferring in. Can they do this?

A. The Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) will protect only the terms and conditions of those joining your workplace.

However, a change to your holiday entitlement without consent would amount to a breach of contract, so your employer must consult you and seek your agreement to such a change.