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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44962
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We accepted a resignation from one of our employees on the

Customer Question

We accepted a resignation from one of our employees on the 23rd November and he was placed on Garden leave from that date for the entirety of his notice until Feb 16. He would with some of our Major accounts so in order to safe guard our business this action was taken. The Employee had saved 3 days holiday for the Christmas period 29th, 30th, 31st. As he was unable to take them he was asking to be paid for them.
Personally, I cant see how we can pay him as we paid him is full salary in December. He isn't expected to work for us but is demanding that we pay him his 3 days that he was not able to take before he was placed on Garden Leave.
Thanks
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was this leave granted by you or was it just his intention to take it on the dates mentioned?
Customer: replied 11 months ago.

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.

Expert:  Ben Jones replied 11 months ago.
Is this requirement mentioned in the contract or was he given any notice to do prior to these dates?
Customer: replied 11 months ago.

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.

Expert:  Ben Jones replied 11 months ago.
The key here is whether he had requested or been told to take these days of as holidays. You mention that you ask staff to keep a few days off to cover over the Christmas period but did you actually tell him that he will have these specific days off as holiday? If you did then this would have meant that these days were booked as holiday and that he took the as holiday, even if he was on garden leave. However, if no specific dates were given to him by you and he was just told that he needs to keep a few days but without knowing which specific dates were, then he can argue that he was not given any specific holidays and as such would still be entitled to claim for these days because he would not have been on holiday at the time. As you can see, you can argue that he had taken these days off as holiday at the time but only if he was specifically told that he was required to do so and given the exact dates he must take off as holiday. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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