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Legal Peeps: Redundancy and starting a new job?

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Old 10-04-2006, 10:44 AM
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Neil S
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Default Legal Peeps: Redundancy and starting a new job?

OK, I'm about to start my notice period at work due to redundancy.

The notice period is 5 weeks.

I've been offered a new job, and the place would start me immediately I would have thought.

I know what I'm doing regarding entitlement to redundancy payout and accepting a new job, but what is the score with pay from my current employer during my notice period?

Ideally, I want to get paid by my current employer for the duration of my notice period (as I am on a higher wage now), but not piss the new people off by making them wait 5 weeks before I start for them.

I know there will be tax implications if I effectively have two jobs, but is it possible to hold another job in my current situation?

Cheers All!

Neil.
Old 10-04-2006, 10:55 AM
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BlackRSTFife
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hand your notice in

go off sick
Old 10-04-2006, 10:57 AM
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Neil S
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I think they'll put me on gardening leave anyway mate

The main issue is that I'm skint, and the extra cash from my existing employer for 5 weeks would suit me down to the ground
Old 10-04-2006, 11:08 AM
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frog
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Garden leave, or, work your notice is the norm, however, if you can work it with your employer, they can let you start another job earlier.

I am not aware of any tax implications (e.g. I don't think it matters) as long as your redundancy payout is less than 30K, it is tax free, new job or not.
Old 10-04-2006, 11:20 AM
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Neil S
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Originally Posted by frog
if you can work it with your employer, they can let you start another job earlier.
True, they cannot legally stop me from doing so, but will they keep paying me?

Neil.
Old 10-04-2006, 11:25 AM
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frog
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Originally Posted by Neil S
Originally Posted by frog
if you can work it with your employer, they can let you start another job earlier.
True, they cannot legally stop me from doing so, but will they keep paying me?
Neil.
I am not sure they can't legally stop you from excercising your garden leave to the full, but they have to pay you, it's redundancy law.
The garden leave / notice period should be in your contract and is therefore enforceable, it usually comes down to an agreement between both parties as to whether they wish to enforce it or not
Old 10-04-2006, 12:22 PM
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Neil S
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OK, cheers

I've got a meeting tomorrow at work (they told me last tuesday that my job was at risk and sent me home), expecting to be put on my notice and sent home again, so I'll ask them "what happens IF", and see what they will agree to

Thanks again!

Neil.

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Old 10-04-2006, 12:29 PM
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frog
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No worries, good luck, stay calm and nice to them, most likely to get some leeway that way, even if you want to stab them twenty times with a rusty knife
Old 10-04-2006, 12:34 PM
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Neil S
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I'll just be smiling and nodding!

Wanted out for ages, it felt like a weight had been lifted to be honest!
Old 10-04-2006, 12:39 PM
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Old 10-04-2006, 01:19 PM
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Matt
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stockatone.....

tax implications as you say

if you "leave" your current employer whilst still employed you should hand your new employer a P46 http://www.hmrc.gov.uk/forms/p46.pdf declaring that you have another job, they will just assume your other employment uses all you tax allowance and basic rate all your income until......

when you officially leave the old employer they will send both you and hmrc your p45, the revenue see you have left and will expect your new employer to complete thier copy of your p45, when this arrives at the revenue they will transfer your allowance to this employment from the leave date declared (when your employment ceased - not when you stopped working)

hth and all the best buddy
Old 10-04-2006, 02:35 PM
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Neil S
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Cheers Matt


Neil.
Old 10-04-2006, 02:48 PM
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Clare
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I think people are slightly missing the point of your initial question, either that or they are not familiar with Redundancy laws.

Once you are put onto Redundancy notice you should be paid by your current employer whether you work out the notice or not (they will advise what the exact terms are and how long you are required to work during this period). HOWEVER, if you seek and start NEW employment during this notice period, you forefit any right to notice pay, and sometimes even redundancy pay.

You have two choices:

1) Advise your new employer of your situation, they will be familiar with the terms of redundancy and should be sympathetic and allow you to start a little later down the line.

or

2) Begin employment with the New Employer but make sure no one from your old employer find out about it, you can tell them you have been offered a job if necessary but that your not starting for some time. This way, by keeping quiet for a few weeks you can be paid for notice and be paid for time served at your new place of work. Just dont get caught out lol
Old 10-04-2006, 07:34 PM
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Neil S
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Thank you Clare That's exactly what I was asking, and pretty much what I was thinking

I know about the redundancy pay situation, so no worries there, but I really need the full pay from the current employer to tsettle the credit card. That should take the sting out of the new job's lower pay

I'll speak to the new company and see if they're cool with me starting in 5 weeks with them.

If so, then I'll enjoy my time off and get some mountain biking in

Neil.
Old 12-04-2006, 07:54 AM
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Update:

I'm getting paid in lieu of notice, so the old employer has allowed me to start work elsewhere without jeopardising my notice pay, with immediate effect

The new place has agreed to let me start on 1st May, so I've got the time off I wanted, plus all the cash from the old place. Sweeeeeeeet

Thanks for the advice everyone

Neil.
Old 12-04-2006, 07:58 AM
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Excellent matey....


Good luck in your new job...
Old 12-04-2006, 08:25 AM
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Well done and good luck with the new job
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