How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Can I be made to take holiday while on garden leave?

This answer was rated:

Can I be made to take holiday while on garden leave?

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?

Customer: replied 19 days ago.
No there isn’t

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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 19 days ago.
Thank you

you are most welcome

Ben Jones and other Employment Law Specialists are ready to help you