Can I be paid for two full time jobs at the same time?

[Pharoah]

Please can anyone offer any advice:

I am currently working out my notice period (3 months) for my current job which finishes on 1st May 2008. I am on 'gardening leave' and being paid to be at home and do nothing which is nice and is giving me lots of time to give the Sagaris a spring clean! I am not required to attend the office and they have taken all my IT / phone etc away from me so it really is all finished from a work point of view.

The question is, I have now found / been offered another job (at a different company) and they want me to start on the 1st of April (a month before my 'gardening leave is up). Is there anyway my old employer could / is likely to find out that I have started a new job before my old one officially ends? I guess I will not have a P45 for the new company - is this a problem? I assume this might have implications for tax codes etc for PAYE. It would be great if I could get 2 pay cheques for one month...

Any advice gratefully received....

[Eric Mc]

From a tax point of view, you can have as many full time jobs as you want.

Obviously, your current full time job will retain your main set of tax allowances - until you leave.
In the meantime,. if you can start working with the new employer straight away although he will need to calculate tax at Basic Rate on your salary until you can pass on the P45 to him.

[trunnie]

As your new company is likely to find out that you've been doing both jobs at the same time (through tax if nothing else) then it's worth thinking about whether it might upset them - some people of a conservative frame of mind may not appreciate it, as you'd be potentially in breach of the full time obligations in one or both of your contracts. This may lead your new employer to think that you are not trustworthy and thus "let you go". Similarly your old may decide to give you an iffy reference if they find out - and word often gets around about what former colleagues are doing.

[Piglet]

Is there anything in your contract and/or severance agreement that says that you can't work whilst you're on gardening leave?

When I took voluntary redundancy a couple of years ago I was required not to work during my gardening leave, however I seem to recall that this requirement is potentially unlawful as a restraint of trade (plus I was quite happy to sit in the garden for three months!).

In the absence of a requirement not to work, I don't think anyone would think badly of you for starting the second job. TBH I'd imagine the new employer will be grateful to get you sooner rather than later.

[Tuscan Tart]

If there is nothing in your contract to prevent you working during your gardening leave, then why not tell your employers? Then fill in a P46 at new job stating that you have another job (Box C)as Eric says tax will be deducted at BR, until you receive your P45.

[Gordon Brown]

Happened to a friend of mine: fill your boots!

[Pharoah]

Thanks guys - will check my contract re the 'can / can't work for anyone else clause' if there is one as I guess that is quite key.