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
Johanna Cunningham
Arthur Cox
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
-
If we reduce an employee’s hours, what happens to their accrued holiday?
Posted in: First Tuesday Q&A NI on 04 August 2020
-
If an employee has failed to attend a disciplinary hearing, can we proceed in their absence?
Posted in: First Tuesday Q&A NI on 04 August 2020
-
Is there a minimum period for which employees must be furloughed under the “flexible furlough scheme”?
Posted in: First Tuesday Q&A NI on 04 August 2020
-
Can we make our employees wear face masks when in the office?
Posted in: First Tuesday Q&A NI on 04 August 2020
-
If an employee has tested negative for Covid-19, can they return to work before the self-isolation period is up?
Posted in: First Tuesday Q&A NI on 06 July 2020
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.
Johanna Cunningham
Arthur Cox
The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com
View all articles by Johanna Cunningham