Just want to run something by you and check if its right or not - we have recently terminated someone's contract (due to poor performance) and put them on garden leave for their 1 month notice. During this time they had some holiday booked and I informed them that by their leaving date, their taken holiday would be 2.5 days over what they accrued, so would be deducted from their final pay.
The employee then asked to cancel 2.5 days of their holiday. I responded a few days later to say no, this wasn't possible due to planned workloads. They said 1 of the days was from last week and they actually did some work as part of their handover on this day. They said had I responded quicker they could have explained that this was one of the dates they wanted to cancel.
My question is can we maintain them taking the level of holiday booked and refusing the request, in light of the fact it will lead to a deduction from their final pay? Could they bring a claim over this in view of the fact they requested to cancel the 2.5 days (given they are on garden leave anyway I could see why they would do that!)