Holiday during Gardening Leave

Gardenholiday

Hello,

I have a question with regards to my employer making me take holiday during my gardening leave.

Just before Easter this year (28th March), I was made redundant. As my notice period was eight weeks, they gave me gardening leave and my contract ends on the 23rd May.

The company’s holiday year runs from the beginning of February and I get 1.75 days of holiday per month. Therefore, at the time of my redundancy I accrued 3.5 days holiday.

After the redundancy, during my eight weeks gardening leave, I would have also accrued another 3.5 days, but during the meeting where I was given my redundancy, I was told that the company can make me take those 3.5 days. As I understand, they would then have to give me 7 days notice to take the 3.5 days as holiday during my gardening leave.

I understand that the company has the right to make me take my holiday during my gardening leave, but this is on the provision that they give me enough notice (7 days).
As yet, they have not given me notice and with my contract ending on the 23rd May, there is insufficient time for them to serve me the notice and me to take the 3.5 days as holiday.

Thus, my question is can I ask for the money for all 7 days holiday? (3.5 days accrued before I was made redundant, and 3.5 accrued during my gardening leave)??

Any help would be much appreciated.
Thanks

getmore4less

7 days notice for 3.5 days only applies if they are concecutive.

Contract terms can overide the notice requirements for holidays.
eg all holidays must be taken during notice

What exactly was said during the meeting that may be sufficlent notice for all the holidays.


Also 1.75 per month is less than the statutory minimum unless you are part time they need to account for the others(likely to be negative if bank holidays).