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Redundancy & Annual Leave

I am taking voluntary redundancy and my employer is saying that I have to use all of my outstanding annual leave during my notice period instead of paying me for this. Is this legal? Also they are saying that I need to work my notice however there is currently no work for me to do so how do stand with this? Can they force me to take annual leave or can I request garden leave? 

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  • General_Grant
    General_Grant Posts: 5,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dodger87 said:
    I am taking voluntary redundancy and my employer is saying that I have to use all of my outstanding annual leave during my notice period instead of paying me for this. Is this legal? Also they are saying that I need to work my notice however there is currently no work for me to do so how do stand with this? Can they force me to take annual leave or can I request garden leave? 
    Absolutely legal, and sensible, for them to say you should take any annual leave during your notice period.  It may already be in your written particulars of employment but, even if it is not, they are giving you notice so you should take it.  They will be paying you for it.
    If they want you to work your notice, you agree with them how this is done for the time which is left when your annual leave is accounted for.
  • Thank you for clarifying I had heard different things so wanted to check. Would you also know if furloughed over bank holidays that would have been normal working days would you still accrue annual the additional leave days for these or not as were furloughed? 
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Dodger87 said:
    I am taking voluntary redundancy and my employer is saying that I have to use all of my outstanding annual leave during my notice period instead of paying me for this. Is this legal? Also they are saying that I need to work my notice however there is currently no work for me to do so how do stand with this? Can they force me to take annual leave or can I request garden leave? 
    They need to give you twice as long notice as they want you to take. Assuming they meet that criteria they can for holiday. You can request garden leave but then it  is up to them to accept it or not. 
  • General_Grant
    General_Grant Posts: 5,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dodger87 said:
    Thank you for clarifying I had heard different things so wanted to check. Would you also know if furloughed over bank holidays that would have been normal working days would you still accrue annual the additional leave days for these or not as were furloughed? 

    If they are deducting the bank holidays from your annual entitlement they should have paid you in full (100% not 80%).
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