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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Hi, I have resigned from my sales position more than 3 months

Resolved Question:

Hi,

I have resigned from my sales position more than 3 months ago to go to working for a competitor, i have a UK emplyment contract.

After 3 weeks of unfruitfull discussions to find an arrangement on the period notice, which is 3 months in standard as per my contract, my employer decided to put me on garden leave for the remaining period of the 3 months prior notice, my garden leave has just finished few days ago.

I would like to have clarifications for the following 2 points:

Point 1: I need to wait for 3 weeks after my garden leave termination before starting my new position to be in line with my non compete clause of 3 months (reduced by the period of garden leave), my former employer has paid my salary for the garden leave period but is refusing to pay me for the additional 3 weeks. Does he have the right to do so? This point is not explicitely mentioned on the non compete clause on my contract.

Point 2: I am normally entitled to have 2 days holidays per month, my former employer is refusing to pay me for 4 days holidays corresponding to the period of garden leave even if was still employed by them during this period. Does he hqve the right to refuse to consider these holidays days? the holiday compensation during the garden leave is not mentioned on my contract.

Thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thank you for your question. My name is XXXXX XXXXX I can assist you with your question.

tdlawyer :

Your employer must pay you for the time you have been employed, up to the point your contract ends.

tdlawyer :

So if you're waiting for the 3 weeks being the point of the restrictive covenants expiring, this isn't a period that you have to be paid for.

tdlawyer :

As for the holidays...

tdlawyer :

You're entitled to the statutory minimum to accrue during your notice period - do you know whether you exceed this?

tdlawyer :

If you do exceed this, then you're governed by what the contract says about holidays accruing. Normally, holiday continues to accrue in the notice period.

Customer:

Ok Thanks, XXXXX XXXXX consideration are then taked into account during the garden leave period?

tdlawyer :

Yes, normally they're taken into account still and accrued in the notice period/garden leave period.

Customer:

Is there any legal article or some public reference that i can provide to my former employer to justify this, as he is refusing to pay me for the holidays during the garden leave period?

tdlawyer :

Let me have a quick look for you - it's actually a matter of contact law, when you're entitled to more than the statutory minimum.

tdlawyer :

Here you go, have a look at this: http://www.acas.org.uk/media/pdf/l/j/AL03_1.pdf

tdlawyer :

This is from ACAS, which will be well known to most employers.

tdlawyer :

This should help him realise his position.

Customer:

can you please tell me which section tackles the notice period/garden leave?

tdlawyer :

okay, hold on a second...

tdlawyer :

This is the section:

Customer:

I can not see it...

Customer:

can you send it again please?

tdlawyer :

Have a look at this, it's even better - from the Law Society: http://www.lawsociety.org.uk/advice/practice-notes/holiday-entitlement/#cc2.6

tdlawyer :

Look at paragraph 5 onwards.

tdlawyer :

Basically, it's down to the contract for any accrual over the statutory minimum. Even then, the minimum legal entitlement accrued in leave, in disciplinary proceedings and notice periods (including gardening leave, which is just a notice period spent at home).

Customer:

ok thanks

tdlawyer :

You're welcome.

tdlawyer :

Can I ask whether you're happy with the service this evening please?

Customer:

yes i am with the service, i will rate it immediately

tdlawyer :

Thank you very much!

tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience in employment related issues.
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