Garden leave and holiday

lozzaj83

Hi all,

I am due to hand in my notice tomorrow to take on a new role closer to home however, my contract states I have to give 3 months notice.

I am assuming that I will be asked to go on gardening leave due to the nature of the industry I am in. How do I make sure that my holiday dates will be paid?
I have 10 days remaining do I just put my leave date minus 10 days or ask them to pay me at the end of my contract?

Thanks in advance

getmore4less

If they put you on garden leave then the contractual holiday rules still apply.

upto the company, make you take them or pay them at the end.

Don't forget that unless they say otherwise you should still ask if you want to go on holiday(they could call you in at any time) you are still under contract.

lozzaj83

If I take them at the end can I start the new place earlier?

getmore4less

Depends on the contracts(both of them).

Start with asking your new employer if you can start while still under contract with the old compnay.

(I think you probably know the answer)

If you want to leave early ask your existing employer if you can.

Most likley they will only say yes if you accept reduced notice pay.

burnoutbabe

you will effectivley be on holiday during those 3 months gardening leave so nothing more to pay?

sidefx

burnoutbabe wrote: »

you will effectivley be on holiday during those 3 months gardening leave so nothing more to pay?

No I don't believe that is the case.
If the company decides to put the OP on gardening leave then that is up to them, but that should have no impact on any holiday due.

getmore4less

burnoutbabe wrote: »

you will effectivley be on holiday during those 3 months gardening leave so nothing more to pay?

Garden leave is not holiday any more than sick is,
If the GL/leaving policy does not include terms that use up holiday then the employer is leaving themselves open to a claim for accrued unused.

DandelionPatrol

burnoutbabe wrote: »

you will effectivley be on holiday during those 3 months gardening leave so nothing more to pay?

Nope. Under Gardening Leave, unless there is any specific policy, you should assume that you must keep yourself available to turn up if required with notification the previous day and possibly on the day. Given this requirement, the time is not sufficiently free to be leave - unless you book the time off, you render yourself open to a charge of being AWOL if you go away.

burnoutbabe

ah we have terms that during notice period,if on gardening leave, holiday would be used up.

So i'd check your contract about that.

And just ask permission to use your holiday during the 3 months.

InsideInsurance

lozzaj83 wrote: »

If I take them at the end can I start the new place earlier?

You could however remember that holiday and garden leave can be cancelled. Cancelling holiday requires the employer to give you a minimum notice equal to the holiday length so if you've 2 weeks holiday they have to give you 2 weeks notice. Garden leave requires you to be available for normal work so no notice required.

Whilst on holiday you are still an employee and thus still bound by the terms of your contract. Does it have clauses about other jobs whilst an employee? On the basis you think garden leave is common then I'd be surprised if it doesnt.

DandelionPatrol

burnoutbabe wrote: »

ah we have terms that during notice period,if on gardening leave, holiday would be used up.

So i'd check your contract about that.

And just ask permission to use your holiday during the 3 months.

In which case you should expect no obligation to attend on demand for the specified number of days