Annual leave on gardening leave: what are the rules?

I was dismissed by my employer at the end of last year and was asked to stay away from work during my notice period. I have several untaken non-statutory leave days and I was not told that I could take these in my notice period.  My contract says annual leave is not carried over from one holiday year to the next and they are only letting me have the leave I have accrued this holiday year in my final salary. Is that right?

 

 

Annual Leave

 

If your contract says that holiday will not roll over (whether statutory or otherwise) then this will be enforceable at the employer’s discretion. On this basis, from what has been said there is no automatic entitlement to the non-statutory days from last year.

If the contract says that the employer can make the employee use their annual leave during the garden leave period then the individual has no claim. If the contract does not say this and the employee was not afforded the correct notice (twice the amount of time as the length of the holiday to be taken) then a claim could be made for the holiday balance.

*Charlotte Geesin is Legal Director of Howarths, a Yorkshire based, award-winning Employment Law, HR, Business Immigration and Health & Safety provider for SMEs across the UK. 



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