May be confusing... Long post..

[kirst1805]

Right... At the start of the year my previous employer sold the branch of the company i worked in... In order to transfer all the employees to the new company we were all provided with a p45 from the previous company.

I started my maternity leave in mid december which was a month earlier than planned due to different health problems i was having at the time, i was planning to go back to work 3 months after the birth but informed everyone concerned this could change.. which it has, again they have all been informed that i now plan to take the full year leave.

My new employer has been paying SMP to me since the takeover, I have recently found out that during maternity leave you continue to gain holiday and you are entitled to the holiday pay.

After talking to the employers accountant i was told i'd gained 16 days holiday in this employment over the course of my mat leave.

Am confused though because new employer seems to think he doesn't have to pay the holiday pay to me, apparently i left my previous job last december and said i wasn't going back, which isn't true, i sent one letter stating when i planned to take my mat leave and only received verbal confirmation that it was ok.

Just wanted advice really.. and wondered if anyone else had been in a similar situation and what the outcome was.

 

[kintenda]

I think you would probably be best off approaching the CAB or ACAS to ask their advice, I imagine that it's down to employment law. I've been working as a consumer law advisor and when a company is taken over liabilities for goods/services etc depend on whether the company is still under the same company number... bit confusing to explain, but I don't know if perhaps the same principle applies to this situation.
ACAS - www.acas.org.uk - 08457 47 47 47
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