Garden leave - Holiday Pay

boxrick

I left my current job recently after handing in my notice, then around 2 weeks into my notice period they decided to abruptly place me on garden leave. The whole process was rather sudden and *not* preplanned ( I was still doing handover to my colleagues ).

Regardless I was owed 3 days holiday and this has been confirmed by my ex employer.

They are now claiming that the days I was forced to take garden leave were inclusive of holidays "As is company policy".

Can they do this, since in effect as far as I am concerned I did not chose these days off and they still owe me 3 days holiday.

I would like a little guidance before I reply.

boxrick

Oh and the garden leave was for the remainder of my notice which was around 1 and a half weeks, this has now been and passed and I have brought up the holiday pay since my final wage was incorrect.

Undervalued

boxrick wrote: »

I left my current job recently after handing in my notice, then around 2 weeks into my notice period they decided to abruptly place me on garden leave. The whole process was rather sudden and *not* preplanned ( I was still doing handover to my colleagues ).

Regardless I was owed 3 days holiday and this has been confirmed by my ex employer.

They are now claiming that the days I was forced to take garden leave were inclusive of holidays "As is company policy".

Can they do this, since in effect as far as I am concerned I did not chose these days off and they still owe me 3 days holiday.

I would like a little guidance before I reply.

Basically yes they can.

Within very few limits an employer can dictate when you must take your holiday. They have to give twice as much notice as the holiday taken so within a two week period there is time for this (six days notice then three days holiday).

As they claim it is normal policy they could argue that the notice was, in effect, automatic.

Nobody has a right to so called garden leave they could have insisted you worked and still forced you to take the holiday as the last three days of your notice.

boxrick

Does that mean they have let me know about this, by either word or email before the fact?

As opposed to me chasing it up after my garden leave is over?

Undervalued

boxrick wrote: »

Does that mean they have let me know about this, by either word or email before the fact?

As opposed to me chasing it up after my garden leave is over?

In theory probably yes but if it is company policy that is probably sufficient.

Verbally would have done and you will have a devil's own job proving that didn't happen.

But your only option (assuming asking nicely doesn't work) is to sue them for it. Even if you won, which is far from certain, you can kiss goodbye to a decent reference!

boxrick

Here is the closest thing to this I can find in my contract point 10.7. It says "may" which in itself means it shouldn't be automatic, I simply want to formulate a response which both says they didn't let me know and hope that they concede to paying me the days they owe.

In fact the next point even says they will pay me

Undervalued

boxrick wrote: »

Here is the closest thing to this I can find in my contract point 10.7. It says "may" which in itself means it shouldn't be automatic, I simply want to formulate a response which both says they didn't let me know and hope that they concede to paying me the days they owe.

10.7 - How are you going to prove this didn't happen?

Sorry but I think you are flogging a dead horse here. They could have made you work, shut you in an office all on your own and got you to spend all day straightening out the paper clips instead of garden leave and still made you use up your holiday for the last three days of notice!

Send them a letter if you wish, you might be lucky, but be careful you don't sour relations. These thing have a habit of biting back.

boxrick

I would have rather worked, I was literally walked out of the office randomly half way through my notice period, it was horrid.

I was already debating if I had enough time to finish up what I was doing without taking holiday and now all my ex colleagues ( also my friends ) had to spend the next weeks trying to scrape together what I was mid way through.

Undervalued

boxrick wrote: »

I would have rather worked, I was literally walked out of the office randomly half way through my notice period, it was horrid.

I was already debating if I had enough time to finish up what I was doing without taking holiday and now all my ex colleagues ( also my friends ) had to spend the next weeks trying to scrape together what I was mid way through.

Maybe so but that was your employer's choice.

There is no doubt whatsoever that they could have made you use up this holiday, effectively shortening the garden leave by three days.

You are trying to argue that, on a technicality, they didn't so still owe you three days money despite, in effect, having had ten days paid holiday.

I don't think you will get very far with this and you will certainly destroy any chance of getting a decent reference.

Is it really worth it?