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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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If you are put on gardening leave for 6 weeks and you have

Resolved Question:

If you are put on gardening leave for 6 weeks and you have 8 days holiday to take can your employer force you to take holiday in that time
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Under the Working Time Regulations, which govern holiday pay in the UK and employer may at any time (including during periods of garden leave) require an employee to take holiday. They MUST give notice of at least twice as long as the period of leave that they require you to take so in your case it would have to be 16 working days leave.

taratill :

If they do not give you adequate notice then they cannot require you to take the holiday and you will be entitled to claim the holiday pay at the end of the garden leave period If you have any further questions about this please do let me know.

Customer: Hi jenny
Customer: hi Jenny, thank you so much for your help it has been brilliant. Could you just clarify the part where you mention that they have to give 16 working days, is that notice that they give you to take the holiday leave or are you saying that if they expect Rory to take the holiday during the gardening leave period that this holiday allowance is effectively doubled? Sorry thanks again Emily
taratill :

Hi Emily, that is the notice they are required to give him to take his 8 day holiday. The holiday allowance is not doubled unfortuantely.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

taratill :

Thank you.

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