On Gardening Leave

[bennyboo]

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.
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

[cazzaswfc]

Hi

Now please don't quote me on this as I'm sure it's differs from Company to company!

When you say "forced" to take the holiday, had you booked this time off prior to you being served your notice? If yes. then I believe your company has the right to do this, your company has to give you x weeks notice however if you are off on hol or sick during this time the normal working rules apply, same pay etc.

I believe with Garden leave it's the same regs as working your notice? It's just you Co doesn't want you doing your current role as your either a "risk" or theres just no work for you.

If however you had not booked any holidays for this time I would question this, Trying to get you do this may be a cheaper option for them, normally when you leave your accrued holidays are either deducted ( if you've taken too many as it's normally pro roted) as your contract states or Paid as extra!! Your Co may be pulling a fast one!

The length of notice normally goes from the day you are served it, not how many "working weeks" you have in between.