Respondent

Parties

Muhammad  Imran

MCR Group

Representatives

  Self

Geoffrey Doyle MCR Group

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00069865-001

10/03/2025

The Complainant commenced employment with the Respondent on 28/06/2022.  His employment transferred to another employer on 30/09/2024 under TUPE regulations [European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)].  He was paid €493.52 weekly and worked on average 38.25 hours per week.  The Complainant submits that he was not paid for outstanding holidays by his new employer.  His new employer informed him that they will not pay him for any outstanding leave and that this is a matter for his original employer.  The Complainant submitted his complaint to the WRC on 10/03/2025.

The Complainant gave evidence on oath.  He was employed as a security guard with the Respondent.  He commenced employment on 28/06/2022. The Respondent’s contract with a particular client ceased on 30/09/2024 and his employment transferred under the terms of TUPE legislation on that date.

The Complainant raised a query with his new employer and was advised that his original employer “did not include any remaining holiday hours within each employee’s final pay.”  They confirmed that they were engaging with the original employer seeking funds to be transferred which would allow them to “discharge the funds in question to the employee”.  It is the new employer’s position that the original employer will not be transferring the funds and they advised the Complainant to follow the matter up directly with his original employer.

The Complainant gave evidence that he has tried for a number of months to get a response from his original employer to his query.  The Complainant provided the hearing with a significant number of text messages, emails and copies of his phone log which confirm that he had made repeated and regular contact with his original employer seeking to have the matter resolved.  The original employer sent him an offer on 28/07/2025 which the Complainant did not accept.  The Complainant has spent almost 10 months trying to get payment from his original employer.  

I accept the Complainant’s position that whatever the reasons for the delay and non-payment of this money he did not contribute to the delay.  In fact, it is clear from the documents submitted that he contacted the payroll department on many occasions as well as the HR department and some senior managers.

At the hearing, the Respondent was represented by Mr. Geoffrey Doyle, the Operations Manager, who joined remotely.

Mr. Doyle explained that he has dealt with many transfers of undertaking cases over the years, but this one is unusual. He said the Respondent doesn’t understand why the new employer won’t take responsibility.

The Respondent is willing to stand by its position, but it wants the matter settled because it has been going on for a long time.

To resolve the issue, the Respondent has offered to pay the Complainant for 169 hours of work at €14.50 per hour, which comes to a total of €2,450.50. Mr. Doyle said he calculated this figure by reviewing the Complainant’s work hours and annual leave, including any carried-over leave and leave due from the start of employment up to the transfer date of 30 September 2024.

He confirmed that this offer is still available.

Background: The Complainant’s employment transferred from one employer (original) and known as the “Transferor” to another (new) and known as the “Transferee” under TUPE. There was no dispute about his annual leave entitlement while employed. The dispute was about payment for accrued leave at the date of transfer.

Legal points: Section 19 The Organisation of Working Time Act, 1997 (OWTA) sets how statutory annual leave is calculated. Section 23 OWTA says that if employment ends and annual leave remains untaken, the employer must pay compensation equivalent to the pay for that leave. However, in this case, the employment did not technically end — it transferred under TUPE. TUPE transfers all existing employment rights to the new employer (except pensions).

Dispute: The new employer said the transfer did not include funds to cover accrued holiday pay — so they refused to pay. The original employer said it wasn’t their responsibility post-transfer.

At the hearing, the original employer offered without prejudice to pay for 169 hours at €14.50/hour (€2,450.50), but the Complainant disputed the hours figure and also wanted compensation for the treatment and delays.

Decision: I find that this complaint is well founded.  I award the Complainant €1,000 compensation under Section 27(3) OWTA, taking into account the delay and the impact on the Complainant.  This is in addition to the holiday pay (€2,450.50) due.

I have decided that this complaint is well-founded and I order the Respondent to pay the Complainant €2,450.50 for outstanding holiday pay and a further €1,000 as compensation for the delay and impact this matter had on the Complainant. 

TUPE.  Accrued Annual Leave.