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Forced to take holiday while on Garden Leave

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Comments

  • Jarndyce
    Jarndyce Posts: 1,281 Forumite
    Sorry yes I misconstrued your 14 days as two weeks, when it is obviously nearer 3.

    But they can give the notice before the start of the garden leave - what are the relevant dates?
  • PRINCE$$
    PRINCE$$ Posts: 84 Forumite
    I resigned on September 12th (3 months notice period) and finish today and nothing has been agreed. The Garden leave is due to direct competition between my current role and the one I am going to though they still want me to be available for advice during my garden leave which is fine. I think it will all be able to be worked out, thanks for your help.
  • SarEl
    SarEl Posts: 5,683 Forumite
    Of course, whilst it may be "worked out" it would be slightly unwise to make an issue out of 14 days holiday when you are actually being given three months paid holiday. Otherwise they may rethink the whole garden leave thing. They may be unable to allow you to work in your own role due to the competitive risk, but that is a perfect (and lawful) reason for making you work the three months in another role!
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    SarEl wrote: »
    Of course, whilst it may be "worked out" it would be slightly unwise to make an issue out of 14 days holiday when you are actually being given three months paid holiday.

    Indeed but that doesn't stop you making one hell of a fuss about it afterwards!

    If you feel you have an arguable case you have three months in which to lodge an employment tribunal claim.

    You can't be certain but this is the sort of issue where there is a good chance they will think it is easier and cheaper to settle rather than fight.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    PRINCE$$ wrote: »
    I resigned on September 12th (3 months notice period) and finish today and nothing has been agreed. The Garden leave is due to direct competition between my current role and the one I am going to though they still want me to be available for advice during my garden leave which is fine. I think it will all be able to be worked out, thanks for your help.
    Note any days of garden leave on which you have to provide advice. I would argue that these cannot be holiday.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    they can always break the holidays into chunks with work/garden leave days between to get round any notice issues.
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