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As a rule we ask all staff to keep 3 days back from their annual leave to cover the in between days from Christmas and NewYear.
This is expressed each year when we send out our Holiday Notification forms to staff. We advise in the Company Handbook that there may be requirements for holidays to be taken at certain times of the year and we notify all staff at the beginning of the holiday year. So this employee would of indicated that he had Christmas break book off however we placed him on garden leave on the 23rd Nov.