Employment Lawyers Can Answer Your Employment Law Questions
Hello, thank you for your question. My name is XXXXX XXXXX I can assist you with your question.
Your employer must pay you for the time you have been employed, up to the point your contract ends.
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.
As for the holidays...
You're entitled to the statutory minimum to accrue during your notice period - do you know whether you exceed this?
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.
Ok Thanks, XXXXX XXXXX consideration are then taked into account during the garden leave period?
Yes, normally they're taken into account still and accrued in the notice period/garden leave period.
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?
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.
Here you go, have a look at this: http://www.acas.org.uk/media/pdf/l/j/AL03_1.pdf
This is from ACAS, which will be well known to most employers.
This should help him realise his position.
can you please tell me which section tackles the notice period/garden leave?
okay, hold on a second...
This is the section:
I can not see it...
can you send it again please?
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
Look at paragraph 5 onwards.
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).
Can I ask whether you're happy with the service this evening please?
yes i am with the service, i will rate it immediately
Thank you very much!