I handed my notice in and was put on gardening leave. I already had five days holiday booked within my gardening leave. Do they need to be holiday or should I be paid for these ?
Annual leave/holidays and gardening leave have a number of different ways they can work:
Whether or not it is possible for an employee to use up all their outstanding annual holiday entitlement during gardening leave will depend on the length of the gardening leave that the employer has instructed the employee to take in relation to the length of outstanding holiday entitlement.
If the former is not long enough to allow for the notice period for the holiday plus the period of holiday leave, it will not be possible for the employer to ask the employee to use up all their holiday in this way.
The employee would then be entitled to be paid for any holiday leave for the current holiday year that had not been taken before the date of termination of their employment.
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The above relates to the 5.6 weeks’ statutory minimum annual holiday that employers must grant all workers under the Working Time Regulations 1998. If an employer grants employees more than the 5.6 weeks’ holiday entitlement, the position with regard to any additional holiday will depend on the terms of the employee’s contract or any contractual policy on the timing of holiday that the employer has in force.
Ultimately, if you use the holiday as holiday then it will be deducted from the final outstanding amount of holiday which can be paid or be used, or if it has then all been used then you will not be due anything ie if you keep the holiday booked then it won’t be paid. It can be paid or taken.