Holiday deductions while on garden leave

Brendaed

Hello,

I have recently handed in my resignation (after receiving a lot of abuse and then finding myself a new job) which unfortunately was not received well and my boss is now refusing to pay notice while also making a number of unfounded allegations. He put me on garden leave last Friday after saying there was no point in me coming back after pre-booked holiday and put this in an email and then acknowledge my response (basically wishing him all the best for the future etc, the usual niceties) so he accepted he had sent me an email saying Friday was my last day and that he would pay me until the 12th October. While he is now disputing this, he is saying that with holiday booked during October and limited working time left, there is no point even talking about outstanding pay as if I had taken all my holiday, it would be more than my entitlement owed to me so he would only be deducting wages off me.

I believe that while on garden leave, I can be asked to take remaining holiday but I can not have holidays deducted from my wages which I would've taken if I was still working as I must effectively be available if needed.

Am I correct in thinking this?

ceh209

Whilst I think I know what I want to say to advise you, can you set out the exact details of when everything happened?


- what date did you give notice on
- how long is your notice period
- what dates were you on holiday/garden leave
- what's your annual holiday allowance
- how many days holiday have you taken so far this year

Brenda89

Hi,

My boss has now accepted my notice and is willing to pay me. He is now asking me to come back into the office, though he said on return he would commence disciplinary procedure, for what I dont know yet...

I had pre-booked holiday originally from 18th - 29th but was placed on garden leave on 15th. From my understanding that when placing me on garden leave, the company has to confirm what will happen in regards to pre-booked holiday as once on garden leave, I'm supposed to be immediately available if they need me. Wanting to now deduct that holiday off me as at that point I hadn't accrued enough, are they entitled to do that? I mean I'm available for work if they need me so should they not have confirmed one way or the other at some point?

getmore4less

they don't have to confirm they can just assume you are on holiday.

cancel your booked holidays and be available if you want to get paid as garden leave.

if you take it as holiday and have not accrued enough they can deduct it.

Brenda89

So they can just put me on garden leave, without any kind of written notice, instructions etc and assume as they like? I thought as an employer they have to set out a written explanation of holidays etc while on garden leave.

lakes17

If you don't inform them that you've cancelled your holiday then they will assume, correctly, that you are on holiday. For all they know you may have planned to go away during that time! And as another poster has said if you haven't accrued enough holiday they are entitled to deduct however many days from your pay. All of this is perfectly legal!

Brenda89

Ok thank you for the advice