Holiday entitlement pay

Legacy_user

Hi Everyone,

I was just wondering if anyone can help me here. I have been put on gardening leave as some of you are aware. However my employer is saying that any holiday entitlement will be taken out of the gardening leave, ie I will not be paid for it. I do believe it says this in the employment "manual" or whatever you call it.

However speaking to several people whom I respect and trust (ie know what they are talking about) say that this is just not cricket to put it politely.

Can anyone give me any insight on this one ?

I am going to give CAB a ring but they are closed at the moment!

Regards
13000

LittleVoice

Employers can say when you take holiday. The only requirement is that they give you notice - twice as much as the amount of leave to be taken.

So if your gardening leave is a month and you have a week's holiday accrued (up to the time of the actual termination of the employment, not the start of the gardening leave), then they have to give two weeks' notice of that leave. In the example, both the notice and the actual leave would be within the notice period.

You will just need to work out how much holiday you would accrue by the end of your employment. If the holiday and gardening leave were to end at the same time, is there sufficient notice time available?

getmore4less

There is a way round the double notice by not having the holiday continuous.


Allthough "not cricket" I think the employer can have you use outstanding holiday used during your notice.

System

Hiya,

Thanks for that. Ah well. It was worth asking