Holiday pay, redundancy and starting a new job

[mcflurry]

Morning, a question if I may please.

If Company A is making me redundant as of a specific date, could I start a new role with Company B a few days before the official end date?
For example, if Company A officially end the contract on 30th April and there are 2 weeks holiday accrued.
Could I work for Company B starting 23rd April?

Thanks in advance

[StevieBee]

mcflurry said:

Morning, a question if I may please.

If Company A is making me redundant as of a specific date, could I start a new role with Company B a few days before the official end date?
For example, if Company A officially end the contract on 30th April and there are 2 weeks holiday accrued.
Could I work for Company B starting 23rd April?

Thanks in advance

It all hinges on the date at which your contract of employment with company A ends. So, If you are required to take the holiday as holiday and the contract of employment is terminated on the final day of your holiday, then the answer is no as you would still be employed by company A up to that date.

There's no harm in asking of course.

[mcflurry]

Thank you

[sociopath]

Dont tell them.

You can do what you like during your holidays

ETA well not absolutely anything, deoends what your contract says, but i doubt they'll care if they're getting rid of you.
Ive done it in the past, in fact I took a contract when I was on 6 months gardening leave, that was a fairly profitable period. Possible because they were American and didn't understand how to write a compromise agreement, so it didn't restrict me in any way

Edited by sociopath on Thursday 18th March 13:40

[Countdown]

mcflurry said:

Morning, a question if I may please.

If Company A is making me redundant as of a specific date, could I start a new role with Company B a few days before the official end date?
For example, if Company A officially end the contract on 30th April and there are 2 weeks holiday accrued.
Could I work for Company B starting 23rd April?

Thanks in advance

Unless you have a clause in your contract that forbids you from working for somebody else there's nothing to stop you.

for example I could have a day job with Company A and an evening job with Company B. As long as there isnt an explicit clause in my contract to stop me working for others its absolutely fine. Lots of people have two jobs simultaneously

[StevieBee]

Countdown said:

Unless you have a clause in your contract that forbids you from working for somebody else there's nothing to stop you.

Mmm.. hold on there fella! Not quite as simple as that.

There's something called Implied Terms and Conditions in contracts that simply put means that even if something is not written in black and white, something can be implied. So whilst taking a second job is not illegal in itself, you could be in breach of contract if the contract implied this was not permitted or only permitted with permission.

I know this because some years back, my company was part of a group that also included a printing company. One of the print minders who worked the night shift was - unbeknown to the company - also working an afternoon shift at another printing company where he suffered a rather nasty accident that took him out of work for three months. Because the accident happened on the other companies time he only got sick pay proportional to his four hours a day there and not the full time wage he was getting with our company which successfully demonstrated he had breached implied terms and conditions and was entitled to nothing - though they did keep his job open for him.

There's also the need to notify HMRC which is your principal job.

Both are moot points though as I can't see the OP's current employer standing in his way.

[craigjm]

StevieBee said:

Countdown said:

Unless you have a clause in your contract that forbids you from working for somebody else there's nothing to stop you.

Mmm.. hold on there fella! Not quite as simple as that.

There's something called Implied Terms and Conditions in contracts that simply put means that even if something is not written in black and white, something can be implied. So whilst taking a second job is not illegal in itself, you could be in breach of contract if the contract implied this was not permitted or only permitted with permission.

I know this because some years back, my company was part of a group that also included a printing company. One of the print minders who worked the night shift was - unbeknown to the company - also working an afternoon shift at another printing company where he suffered a rather nasty accident that took him out of work for three months. Because the accident happened on the other companies time he only got sick pay proportional to his four hours a day there and not the full time wage he was getting with our company which successfully demonstrated he had breached implied terms and conditions and was entitled to nothing - though they did keep his job open for him.

There's also the need to notify HMRC which is your principal job.

Both are moot points though as I can't see the OP's current employer standing in his way.

I would agree with this. Wouldnt worry about the HMRC thing if there is only a very short overlap

[Countdown]

StevieBee said:

Countdown said:

Unless you have a clause in your contract that forbids you from working for somebody else there's nothing to stop you.

Mmm.. hold on there fella! Not quite as simple as that.

There's something called Implied Terms and Conditions in contracts that simply put means that even if something is not written in black and white, something can be implied. So whilst taking a second job is not illegal in itself, you could be in breach of contract if the contract implied this was not permitted or only permitted with permission.

I know this because some years back, my company was part of a group that also included a printing company. One of the print minders who worked the night shift was - unbeknown to the company - also working an afternoon shift at another printing company where he suffered a rather nasty accident that took him out of work for three months. Because the accident happened on the other companies time he only got sick pay proportional to his four hours a day there and not the full time wage he was getting with our company which successfully demonstrated he had breached implied terms and conditions and was entitled to nothing - though they did keep his job open for him.

There's also the need to notify HMRC which is your principal job.

Both are moot points though as I can't see the OP's current employer standing in his way.

In relation to the first point - if the person in your example was in breach of contract why was he not dismissed on grounds of misconduct or sanctioned in any way? The "not paying occupational sick pay" is a separate thing AIUI (my company will refuse to pay sick pay if you get injured doing certain high-risk sports activities).

Telling HMRC is optional - your new Employer will do it anyway via their Payroll submissions. The main benefit to the Employee is to avoid them getting overtaxed (which would be corrected after year end in any case)- there's no essential requirement.

ETA I have 3 jobs (two of which are PAYE). The only time I bothered to notify HMRC was when i did my self assessment about 18 months after i started my 2nd job.

[paralla]

I was made redundant last year, I finished on December 31 but I had a couple of weeks annual leave to use up (I could have chosen for them to buy the leave but I preferred to have the time off) so my last day was December 8th. I had a new job to start ASAP. I checked with my former employer when I was allowed to start with the new company as I didn’t want to jeopardise my discretionary enhanced redundancy payment as it was deep into six figures. They told me I couldn’t start at the new company until Jan 1.

[Jasandjules]

mcflurry said:

Morning, a question if I may please.

If Company A is making me redundant as of a specific date, could I start a new role with Company B a few days before the official end date?
For example, if Company A officially end the contract on 30th April and there are 2 weeks holiday accrued.
Could I work for Company B starting 23rd April?

Thanks in advance

The first question would be whether you have any restrictive covenants in your contract that precludes it.