Gardening Leave
Discussion
Earlier this month I told my employer of my desire to leave the company. We agreed that there would be a 2 week period where I handed over my customers to another Rep and then I would hand in my notice and be put on gardening leave.
I officially handed it in on the 19th of Nov and I have received an email from HR detailing that I will be paid until the 19th of December.
In the letter it also says that I will not be paid for the 13 days holiday I have left as these will be taken while I am on gardening leave.
Is this correct? I had been led to believe that I would get paid my holiday seperately.
They have also said my comission payments will stop from the date I handed the notice in is this correct?
Also should I be paid car allowance while I am on gardening leave as there is no mention of this in the email.
Any help appreciated
I officially handed it in on the 19th of Nov and I have received an email from HR detailing that I will be paid until the 19th of December.
In the letter it also says that I will not be paid for the 13 days holiday I have left as these will be taken while I am on gardening leave.
Is this correct? I had been led to believe that I would get paid my holiday seperately.
They have also said my comission payments will stop from the date I handed the notice in is this correct?
Also should I be paid car allowance while I am on gardening leave as there is no mention of this in the email.
Any help appreciated
No, you need to be paid for your one month notice period. Gardening leave refers to being paid for your notice period but not being required to come into work.
What they are suggesting is usiing your remaining holiday to leave early, you could potentially demand to be paid for your holiday but then they could require you to work your full notice period.
You got something else lined up?
What they are suggesting is usiing your remaining holiday to leave early, you could potentially demand to be paid for your holiday but then they could require you to work your full notice period.
You got something else lined up?
Our company made redundancies recently and we were told we were expected to use up our holiday during notice period - and this was true even if gardening leave was given. An independent consultant present at our rep meetings confirmed they could mandate this and even implied it was fairly common.
However we were also told that you are entitled to all your normal benefits during your notice period. You are still employee under the same conditions after all.
However we were also told that you are entitled to all your normal benefits during your notice period. You are still employee under the same conditions after all.
bigweb said:
I thought it didn't sound correct making me take holiday for gardening leave. Thanks
Technically you're still employed. If they've done it properly you are supposed to be available to work if required (obviously you won't be) but that's the legal nicety of it. Let's face it, flicking through job websites at home is much nicer than flicking through job websites in the office. 
Companies are entitled to require you to take holiday at a time they specify. This can include gardening leave,but they are required to give notice of 2x the period of holiday they want you to take. If this sin't possible then they can require you to take the amount that is possible and probably pay the rest.
A useful quote is below
'Under reg.15 of the Working Time Regulations 1998 (SI 1998/1833) an employer may nominate dates on which an employee must take some or all of his or her statutory annual holiday entitlement, provided that advance notice is given.
The notice required is a minimum of twice as many days as the number of days' holiday that the employer wishes the employee to take. For example, the employer would have to give at least two weeks' notice in advance of the start date of a period of one week's holiday leave.
These provisions may, however, be varied or excluded by a relevant agreement set up between the employer and appropriate workers' representatives. Where no such agreement exists, these provisions will apply'
A useful quote is below
'Under reg.15 of the Working Time Regulations 1998 (SI 1998/1833) an employer may nominate dates on which an employee must take some or all of his or her statutory annual holiday entitlement, provided that advance notice is given.
The notice required is a minimum of twice as many days as the number of days' holiday that the employer wishes the employee to take. For example, the employer would have to give at least two weeks' notice in advance of the start date of a period of one week's holiday leave.
These provisions may, however, be varied or excluded by a relevant agreement set up between the employer and appropriate workers' representatives. Where no such agreement exists, these provisions will apply'
bigweb said:
What does this mean?
It means this:wsurfa said:
'Under reg.15 of the Working Time Regulations 1998 (SI 1998/1833) an employer may nominate dates on which an employee must take some or all of his or her statutory annual holiday entitlement, provided that advance notice is given.
The notice required is a minimum of twice as many days as the number of days' holiday that the employer wishes the employee to take. For example, the employer would have to give at least two weeks' notice in advance of the start date of a period of one week's holiday leave.
These provisions may, however, be varied or excluded by a relevant agreement set up between the employer and appropriate workers' representatives. Where no such agreement exists, these provisions will apply'
So unless your contract varies the notice that is required for holiday, then you cannot sign away that right given by the statutory instrument. If you gave notice on the 19th of November, they were required to give you 26 Days notice of the 13 Days holiday that needed to be taken. I.e. that your holiday would start around the 16th of December. However as they reduce the number of days you need to take, so does the notice period. The notice required is a minimum of twice as many days as the number of days' holiday that the employer wishes the employee to take. For example, the employer would have to give at least two weeks' notice in advance of the start date of a period of one week's holiday leave.
These provisions may, however, be varied or excluded by a relevant agreement set up between the employer and appropriate workers' representatives. Where no such agreement exists, these provisions will apply'
Edited by Cyberprog on Wednesday 27th November 21:23
bigweb said:
Earlier this month I told my employer of my desire to leave the company. We agreed that there would be a 2 week period where I handed over my customers to another Rep and then I would hand in my notice and be put on gardening leave.
I officially handed it in on the 19th of Nov and I have received an email from HR detailing that I will be paid until the 19th of December.
In the letter it also says that I will not be paid for the 13 days holiday I have left as these will be taken while I am on gardening leave.
Is this correct? I had been led to believe that I would get paid my holiday seperately.
They have also said my comission payments will stop from the date I handed the notice in is this correct?
Also should I be paid car allowance while I am on gardening leave as there is no mention of this in the email.
Any help appreciated
Be careful here. Under EU Directive 13/b/5/EC they COULD insist that the leave you take / are forced to take is used to actually undertake gardening. I officially handed it in on the 19th of Nov and I have received an email from HR detailing that I will be paid until the 19th of December.
In the letter it also says that I will not be paid for the 13 days holiday I have left as these will be taken while I am on gardening leave.
Is this correct? I had been led to believe that I would get paid my holiday seperately.
They have also said my comission payments will stop from the date I handed the notice in is this correct?
Also should I be paid car allowance while I am on gardening leave as there is no mention of this in the email.
Any help appreciated
In France, Belgium and Germany there are documented cases of people incurring greater costs whilst undertaking their responsibilities under the Gardening Directive than they have been paid in salary.
Ghent in Belgium won "Best Kept European City" in 2012 almost entirely as a result of Gardening Leave paid by ArcelorMittal and Volvo Trucks.
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