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
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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