Useful tips

Can I be forced to take holiday during gardening leave?

Can I be forced to take holiday during gardening leave?

During garden leave someone will continue to accrue holiday and be entitled to normal salary and benefits. You may be able to require them to take holiday during their notice period, but remember when calculating it that you need to include holiday accrued to their actual termination date.

Can you be forced to take annual leave during gardening leave?

As you will be accruing leave and holiday pay during garden leave, your employer may choose to exercise their rights under reg. 15 of the Working Time Regulations 1998 and demand you take annual leave during your garden leave. Your employer must give you notice of the compulsory annual leave they wish you to take.

Do you accrue leave on gardening leave?

Whilst on gardening leave you should be careful to adhere to the terms of your contract with respect to confidential information etc. Whilst on gardening leave, you should still receive your standard remuneration and accrue leave, superannuation etc.

Can an employee be required to take their outstanding annual leave while on garden leave?

Can an employee be required to take their outstanding annual leave while on garden leave? Under reg. If the former is not long enough to allow for the notice period for the holiday plus the period of holiday leave, it will not be possible for the employer to ask the employee to use up all their holiday in this way.

Do you have to accrue holiday during garden leave?

Employees also continue to accrue holiday during garden leave, even though they are not attending work. You may be able to require them to take holiday during their notice period, but remember when calculating it that you need to include holiday accrued to their actual termination date.

Is it possible to use up all your annual holiday entitlement?

Whether or not it is possible for an employee to use up all their outstanding annual holiday entitlement during garden leave will depend on the length of the garden leave that the employer has instructed the employee to take in relation to the length of outstanding holiday entitlement.

Is it possible to use up all your garden leave?

Where no such agreement exists, these provisions will apply. Whether or not it is possible for an employee to use up all their outstanding annual holiday entitlement during garden leave will depend on the length of the garden leave that the employer has instructed the employee to take in relation to the length of outstanding holiday entitlement.

What does garden leave mean in employment law?

What is garden leave? Garden leave is the penultimate process before termination of employment . The employee would be put under notice by the employer and asked not to come into work during their notice period.