Forced to take holiday while on Garden Leave

PRINCE$$

My employer has put me on garden leave following resigning from my post (thier decision not mine, new role doesn't start till January) and they have told me my 14 days holiday owing will be part of the garden leave which will last 6 weeks, so I won't be paid out for it. I've looked online and it seems they can't do this, is this correct?

Jarndyce

PRINCE$$ wrote: »

My employer has put me on garden leave following resigning from my post (thier decision not mine, new role doesn't start till January) and they have told me my 14 days holiday owing will be part of the garden leave which will last 6 weeks, so I won't be paid out for it. I've looked online and it seems they can't do this, is this correct?

Yes they can - assuming you are being paid for the whole period.

PRINCE$$

Thanks, this information is incorrect then? http://www.xperthr.co.uk/faqs/topics/4,32/holiday-and-holiday-pay.aspx?articleid=58150

Jarndyce

Which bit of that do you think contradicts what I've said?

an9i77

Employers can stipulate when holiday is to be taken ordinarily (subject to correct notice being given) so why would it be any different if you're on garden leave?

Jarndyce

an9i77 wrote: »

Employers can stipulate when holiday is to be taken ordinarily (subject to correct notice being given) so why would it be any different if you're on garden leave?

To be fair it can be different because they have to give notice and if the notice period plus the holiday itself is longer than the garden leave period that can be a problem. But in this case it is not - four weeks plus two weeks = six weeks.

PRINCE$$

Sorry, should have been clearer. The bit that I think contradicts you is that they have to give twice as much notice as the length of the holiday and that would mean 6 weeks notice (well, 28 days), so there is not enough time to do this at this stage of the game. Though if that is true I imagine they can just ask me to take 2 weeks holiday giving 4 weeks notice and pay me out the remainder?

PRINCE$$

So is the 'twice as much notice' counting all days not just working days even though the holiday isn't?

an9i77

Twice as much notice as two weeks is four weeks, not six weeks?

PRINCE$$

That's my question. I work Monday to Friday. So if I take 14 days off work I'll be gone for 2 weeks and 4 days.

an9i77

Ok sorry I misunderstood. In that case technically they could only make you take ten days hol, and then pay you for four, but i'm not sure whether you'd have a job to make them actually do that. Did things end amicably? Why the garden leave instead of you working your notice?