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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47337
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was placed on Garden Leave on Thursday. HOwever, I had a

Customer Question

Hello,
I was placed on Garden Leave on Thursday. HOwever, I had a pre-approved vacation starting 2 on Tuesday the 20th. Is my employer able to make this pre-approved vacation part of my Garden Leave period, or is it within my right give the lack of notice to request that the Garden Leave period commence after the vacation?
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
Please send via email I accidentally hit the "call me" option
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Why are you leaving, did you resign or are they dismissing ?

Customer: replied 1 month ago.
Dismissing me
Expert:  Ben Jones replied 1 month ago.

Hello, sorry I was offline by the time you had replied. It is entirely legal and normal to count any leave as part of the notice period. For example, if an employee is serving notice, the employer can force them to take any outstanding leave as part of their notice period. They do not have to but they can certainly do so. The same applies to your situation – you had pre-booked leave but were issued with notice of termination – it really does not matter if part of your notice period is served as holidays or not, a holiday day is not treated any differently from a legal perspective. So I am afraid the employer has not done anything wrong here.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Expert:  Ben Jones replied 1 month ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 stars above. I can still answer follow up questions after that if needed. Thank you