Can an employer insist on an employee using holiday entitlement during their notice period when on garden leave?
Posted in : First Tuesday Q&A NI on 1 October 2019 Issues covered:The employment contract continues to subsist during any period of garden leave. Therefore, the employer must continue to:
- Perform all the terms of the contract.
- Pay salary at the normal time.
- Provide all other contractual benefits, such as medical and pension benefits and company car.
- Allow the employee to exercise their normal holiday entitlement, and calculate holiday pay in the usual way.
Under regulation 18 of the Working Time Regulations (Northern Ireland) 2016, an employer can specify dates on which an employee must their statutory annual holiday entitlement, provided that advance notice is given (twice as many days in advance of the earliest day of annual leave). For example, the
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
Are Employees Automatically Entitled to Bank and Public Holidays?
Posted in: First Tuesday Q&A NI on 06 September 2023
-
What are the Potentially Fair Reasons for Dismissing an Employee?
Posted in: First Tuesday Q&A NI on 06 September 2023
-
How Can Employers Ensure Their Workplace is GDPR Compliant?
Posted in: First Tuesday Q&A NI on 06 September 2023
-
What is the Legal Position on Maximum Office Temperatures?
Posted in: First Tuesday Q&A NI on 07 August 2023
-
What Remedies are Available to a Claimant Pursuing a Tribunal Claim of Unfair Dismissal?
Posted in: First Tuesday Q&A NI on 07 August 2023
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.