Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Is there a garden leave clause in your contract?
Thanks. It is entirely possible to make you take your leave during garden leave, just in the same way you could be asked to take your leave as part of your notice period. All the employer has top do is give you the legal notice required, which is twice as long as the holiday to be taken (e.g. 4 days’ notice if they wanted you to take 2 days’ leave). As long as they give you the notice period due they can force you to take your holidays during your garden/notice period.
I would however still challenge them that placing you on garden leave with no contractual clause allowing them to do that could potentially mean they are in breach of contract, however they can just give you notice instead and just make you take as many holidays as possible during it, so you would still be off work for some of it.
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