On Gardening Leave

[Bennboo]

I'm on Gardening Leave which is due to end in September.

I asked my company about holiday pay and how this would happen and they have told me that I've accrued 20 days holiday and that I will be forced to take this from August and during that holiday also give my car back.

This gives me only a 3 weeks notice.

I ideally don't want to give the car back and would rather have the holiday payment, if I can get the payment can I request I use my holiday now so that I don't have to hand the car back?

I have at no time stated that I wouldn't want to go back into work. Can they do this?

My contract has no provision for gardening leave and under holidays in the handbook it states;


Employees are entitled to 25 days paid holiday per annum, this is calculated on a pro rata basis and holiday entitlements are renewed on 1st January each year.

It is requested that all staff take at least three weeks of their holiday entitlement in week blocks, leaving 8 days to be taken as they wish. Three days may be carried over to the following year, but these days must be taken before the end of the following January.

On resignation/dismissal from the company - In the event that holiday has been taken over and above that already accrued, the company retain the right to make a deduction from your final salary. This will be the net equivalent for each day of holiday taken