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taratill
taratill, Solicitor
Category: Employment Law
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Experience:  15 years experience of advising on employment law matters
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Hello,I have handed in my notice on the 18th Nov. My notice

Resolved Question:

Hello, I have handed in my notice on the 18th Nov. My notice period is 1 month. The accrued holiday balance as of today is 15 days. I've been asked to go on garden leave and take my accrued holidays. The employment contract states that "The Company reserves the right to require you to take any unused Company holiday entitlement during your notice period". Question 1: can my employer enforce this. Does the clause overrule the Working Time Regulations 1998, that requires employers to give notice of 2x the number of holidays to be taken? For this question it would be great if you can also include any supporting laws or decisions.

Question 2: there will be an exit interview with HR. Is this mandatory or can I refuse to attend, without giving any reasons? Thanks

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Unfortunately the clause does override the Working Time Regulations in the circumstances you describe. This is because an employer is free to set periods in the contract where an employee is required to take annual leave and the Working Time Regulations provide the position if there is no contractual right for requiring an employee to take holiday.

taratill :

Normally there is no requirement to attend the Exit Interview however if the exit interview is during the garden leave period (not the annual leave) then it may be a requirement for you to attend. If the employer wants to play hard ball they could say that during the garden leave period you are still employed and it is a reasonable management request for you to attend.The reality is they are unlikely to do so.

taratill :

Please do let me know if you have any further questions about this?

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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