Garden leave v annual leave question for HR type bods.

[Futter]

My wife handed in her notice and was subsequently asked to take garden leave. No problems there. She has now finished that period of garden leave but there is the question of outstanding annual leave. She was not asked, at any time, verbally or in writing to use that annual leave as part of her garden leave. Her garden leave letter stated.
You will receive:
Any holiday that you may be entitled to.
Any pay up to and including effective date of termination of employment.

So, are we understanding that she will get her pay plus payment for any accrued annual leave? This is now a few days overdue and we're wondering what action to take. Softly softly, formal but softly or threaten that without payment, the next letter will be from our solicitor etc.

Tia

[Silly Car]

The normal position is pay plus payment for accrued leave / deduction for excess leave.

A polite email stating final pay plus accrued leave remains outstanding assuming wife has passed normal pay day as typically final wages will be run on next pay run.

If payment isn’t forthcoming, look up unlawful deduction from earnings which is a slam dunk breach of contract on their part which will be very dimly viewed if it gets as far as an employment tribunal. The time I nearly had to pursue this avenue, the employer’s back peddling could heard loud and clear.

[Mr. Dazzle]

You could always ask for final payslip and explanation thereof. It saves you having to outright accuse them of under paying and might prompt them to 'check' their figures.

I've found several times that you often meet the same people again at work in new contexts. So even if you've (or your wife has) left on the worst possible terms it always worth being as polite and friendly as possible.

[Count Steer]

Her garden leave letter stated.
You will receive:
Any holiday that you may be entitled to.
Any pay up to and including effective date of termination of employment.

They've left a little loophole there by not saying 'Payment for any holiday.....' it almost reads as if she is receiving holiday as part of the garden leave. That's the sort of ambiguity that gets lawyers rich.
I don't think that there are any over-arching rules/laws about garden leave it's just that you sign up to a period of notice and you're obliged to serve it* - at home or in the office. Can you find the original employment contract regarding notice period (it may reference untaken leave payment)?

*Even this has been tested but generally you need to honour a signed agreement/contract.

[Futter]

Sorry, slight error on my part. The letter actually says:

On termination you will be paid the following:
Any holiday .....
Any pay ...

The reason we're querying it is because while she hasn't had a pay slip, her pension account has only been credited the normal amount and not the additional amount for leave as she hasn't had any this year.

[Silly Car]

FWIW holiday pay isn’t usually pensionable.