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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I was recently made redundant and given 3 months garden

Customer Question

I was recently made redundant and given 3 months garden leave. I am owned 10 days holiday pay, however my ex- manager is saying they do not have to pay this as it is part of my garden leave.
i believe this to be illegal, is that true?
Regards,
Mike.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today. Has the employer given notice that you must take the holiday during this period?

Customer: replied 1 year ago.
no.
Expert:  taratill replied 1 year ago.

So has the contract come to an end and you have requested payment?

Customer: replied 1 year ago.
several times.
Expert:  taratill replied 1 year ago.

Ok unless you were given notice that you should take holiday during the period under the working time regulations then you have a right to bring a claim for untaken, unpaid leave under the Working Time Regulations. You need to first start ACAS early conciliation and if that is not successful you can lodge a claim with the Employment Tribunals.

If you have any further questions please ask. If I have answered your question please do take the time to rate my answer. Thank you and all the best.

Expert:  taratill replied 1 year ago.

Hello Michael, is there anything further you would like to know?

Expert:  taratill replied 1 year ago.

hi Michael if i have answered your question I would be very grateful if you would rate my answer as I am not otherwise paid for working on your question. Thank you and all the best and do come back to me in the future if you need to.

taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
I have one further question, in which form should my ex-employer inform me about taking holiday during gardening leave, can it be verbal or should it be in writing? Mike.

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