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
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
-
Induction programme requirements for former employees returning to employers
Posted in: First Tuesday Q&A NI on 01 October 2019
-
What is the timeframe for exercising a right to paternity leave? What if paternity leave cannot be taken within the timeframe?
Posted in: First Tuesday Q&A NI on 01 October 2019
-
Can prescribed information under the ERO 1996 be given via email in a collective redundancy situation?
Posted in: First Tuesday Q&A NI on 01 October 2019
-
Do we need to pay employees for time spent on rest breaks?
Posted in: First Tuesday Q&A NI on 03 September 2019
-
Is an employer under any obligation to provide a reference for a former employee upon their request?
Posted in: First Tuesday Q&A NI on 03 September 2019
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