Employment legal kind of stuff - new job

[Spudders]

As I know some of you lot are extremely clued up about legal things, employment law, etc I have a question.

 

I have handed in my notice at work as I have been offered a new job. I had to give 4 weeks notice , however as my new employer wants me to start as soon as possible I asked if I can leave any earlier (I knew what the answer would be but thought I'd ask).

 

They said that rather than finishing the Friday of my final week, I can finish the Tuesday as I have 3 days holiday to take. Not a massive difference but that's fine so I told the new place I can start on the Wednesday.

 

However today I received my official letter from my current HR reminding me that although my last day will be the Tuesday, I am employed by them until the Friday and as such I am not allowed to start my employment with the new company I am going to until after that.

 

The new place have already scheduled things for me in those first three days. To be honest I would be happy to just go in for the first three days in my own time if I had too, so it's not a massive problem.

 

However my question is, can my current employer actually do anything if I do 'officially' start with the new employer during those three days? Are there any legal implications? (I can't see there would be, I'd be paying tax legitimately so it's no different than plenty of other people who have two jobs).

 

Am I missing something?

[Sergei Gotsmanov]

I would explain the situation to the new compamny and enjoy three days off. If the new company get funny then you have made the wrong decesion joining them

[bridge too far]

Check your current Contract of Employment to see if there's a clause forbidding you to do this.

 

Since your current company are allowing you, in effect, to take three days holiday at the end of your notice period, I don't think they can have any say about what you do whilst 'on holiday'.

 

How would they know anyway?

[EastleighSoulBoy]

Check your current Contract of Employment to see if there's a clause forbidding you to do this.

 

Since your current company are allowing you, in effect, to take three days holiday at the end of your notice period, I don't think they can have any say about what you do whilst 'on holiday'.

 

How would they know anyway?

 

That's how I would play it.

 

I finished my last job on a Friday because I took the following Monday (last day of the month) as a holiday. I actually started my new job on that same Monday.

[mynameisthehulk]

What they don't know wont hurt them

[bridge too far]

Others better informed than I may correct me, but I always understood that you could, actually, just walk away even if you haven't served your notice period.

 

There is a risk YOU could be sued for breach of contract, but I think it's unlikely that anyone would pursue you for one month's wages. However, you also wouldn't receive your final month's salary..

 

But don't take my word for it - see if anyone more knowledgeable chips in.

[captain sensible]

Quote the Human rights act.

[Gingeletiss]

Your own time is yours....if they push it, challenge them, tell them you'll see them at a tribunal.

 

 

Methinks you'll be starting on the Wednesday;)

[Johnny Bognor]

Technically you are still under contract and so it depends on the terms of your contract. If your contract precludes you from being employed elsewhere, then you could be in breach of contract and they could dismiss you and you could forfeit your pay.

 

Having said that, they would have to find out and prove it. The chances are that by the time they find out (as you are only talking about 3 days), you will have already left and have already been paid. They are unlikely to come after you, unless you are going to a competitor where they could try and enact some revenge.

 

If you don't want to take the risk of getting found out (which is probably low), then I would explain the situation to your new employer and if they are reasonable I am sure they would understand. Then enjoy the 3 days off and get yourself ready for your new job.

Edited 29 January, 2010 by Johnny Bognor

[EastleighSoulBoy]

Others better informed than I may correct me, but I always understood that you could, actually, just walk away even if you haven't served your notice period.

 

There is a risk YOU could be sued for breach of contract, but I think it's unlikely that anyone would pursue you for one month's wages. However, you also wouldn't receive your final month's salary..

 

But don't take my word for it - see if anyone more knowledgeable chips in.

 

Further to my previous comment, I gave immediate notice to my last employer on a Friday. Requested (as I had already been paid for that month) that they deduct holiday due to me to cover the following Monday (which was the last day of the month). I had no repercussions over it. I left owing nothing and being owed nothing.

 

Of course it might well depend on how bullish the current employer is about the situation. Most will not feel it worth the bother. As it is this was the only time, in some 37 years of working, in which I have done this. The fact that I had no respect for my line manager made me choose the method of exit. I had no intention of spending a month working in his proximity as I felt that I may well have done something that I would have later regretted.

[Saint137]

As others have said the worst they can do to you is deduct you 3 days pay. They certainly couldn't deduct you your entire month's notice pay as you have worked it

 

What you do with your days off is your own business, nothing to stop you working for the new company on a voluntary basis

 

The law in these situations (thanks largely to our membership of the EU) is very much on the on the side of the employee...

[Draino76]

Nothing to worry about. However I have a slight issue trying to

explain an assault a police officer charge in 2005 for my new employer. Hmmmmm

[Spudders]

Cheers everyone, you have pretty much confirmed what I was thinking! Appreciate the comments.

[Junior Mullet]

Technically you are still under contract and so it depends on the terms of your contract. If your contract precludes you from being employed elsewhere, then you could be in breach of contract and they could dismiss you and you could forfeit your pay.

 

Having said that, they would have to find out and prove it. The chances are that by the time they find out (as you are only talking about 3 days), you will have already left and have already been paid. They are unlikely to come after you, unless you are going to a competitor where they could try and enact some revenge.

 

If you don't want to take the risk of getting found out (which is probably low), then I would explain the situation to your new employer and if they are reasonable I am sure they would understand. Then enjoy the 3 days off and get yourself ready for your new job.

 

Yes, this is right. In terms of "exacting revenge" - they will only do this if they have suffeered some sort of loss as a result of your breach of contract - seems unlikely. Therefore, even if you do have a restriction of this type in your contract which would be common, the consequences of your breach are not worth your current employer getting bothered about.