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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
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: 6 months ago.
Category: Employment Law
Expert:  taratill replied 6 months 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 6 months ago.
no.
Expert:  taratill replied 6 months ago.

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

Customer: replied 6 months ago.
several times.
Expert:  taratill replied 6 months 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 6 months ago.

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

Expert:  taratill replied 6 months 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, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 6 months 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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