Starting a new job during redundancy notice period.

MKCM · 22 July 2014 at 3:13PM

Hi,

I am hoping someone can help me with my situation.

I had a feeling redundancies where around the corner so I started to explore other options just in case. As it happened my team was then placed under consultation for redundancy at the same time I was offered a job elsewhere.

Naturally I enquired about terms for voluntary redundancy in which I have now accepted. After consulting with a few friends I am not sure where I now stand officially.

Straight after accepting voluntary redundancy I secured the other job on offer. My terms for redundancy are- I would work until end of July as normal and then finish with my redundancy and July salary plus they would then pay me at the end of august for my august salary as my notice period.

My employer said it would be up to me if I wanted to work or not in august although ''off the record as a friend'' said he would prefer it if I concentrated on finding another job at home. I have not informed them I have found employment yet as frankly I don't want them to know, but I have agreed to start my new job 11th august.

Whilst I offered (and it was accepted) to work a week after accepting voluntary redundancy as a hand over period, they then agreed to start my notice at the end of July. So come end of Aug I will get salary from my current/soon to be former employers and part month salary from my new employer.

Have I done something wrong here? has my current employers done something wrong or missed something out? do I just carry on as normal?

Any help or advice would be appreciated.

Many Thanks,

runningben16 · 22 July 2014 at 3:33PM

I was in exactly the same situation in May 2005. My soon-to-be-former employer was very generous, and from the moment we were told there might be redundancies we were allowed as much time off as we needed for job hunting, or just to generally 'get our heads round it'. (There were four of us laid off).
I was lucky, same as OP in that I had got wind that I might be laid off, and had already been job hunting. I started my new job immediately that I was formally made redundant from the last one.

I finished work at the end of April 2005, immediately on receiving my redundancy notice (we were given the option of leaving immediately). I was paid for my old job for May, plus an extra month's pay in lieu of notice, plus I was also paid in my new job for May. To this day, it's the best month's pay I've ever had.

MKCM · 22 July 2014 at 4:10PM

runningben16 wrote: »

I was in exactly the same situation in May 2005. My soon-to-be-former employer was very generous, and from the moment we were told there might be redundancies we were allowed as much time off as we needed for job hunting, or just to generally 'get our heads round it'. (There were four of us laid off).
I was lucky, same as OP in that I had got wind that I might be laid off, and had already been job hunting. I started my new job immediately that I was formally made redundant from the last one.

I finished work at the end of April 2005, immediately on receiving my redundancy notice (we were given the option of leaving immediately). I was paid for my old job for May, plus an extra month's pay in lieu of notice, plus I was also paid in my new job for May. To this day, it's the best month's pay I've ever had.

Ok Thanks, so your suggestion would be to carry on as normal? no need to advise my currently employer I have found new employment?

Takeaway_Addict · 22 July 2014 at 5:19PM

As you have nothing in writing I believe the legalities are:

You are contracted to work for your current employer until the end of August, if you start working elsewhere you could be in breach of contract and ultimately dismissed with no pay off from current job.

Get some proper advice as the other poster is only anecdotal and could just have been very lucky.

I'm pretty sure however that starting work for someone else whilst effectively on gardening leave is a big no no unless you have it in writing from your current employer it is ok.

Might be worth looking on redundacyforum.co.uk and asking there.

getmore4less · 22 July 2014 at 5:50PM

all contractual so what us in the agreement more important what's in the new contract worst case you lose both jobs.

if the current place is decent they will accept early termination but that should be in the terms of the vr.

mad setting a start date before the end date.

MKCM · 24 July 2014 at 9:43AM

getmore4less wrote: »

all contractual so what us in the agreement more important what's in the new contract worst case you lose both jobs.

if the current place is decent they will accept early termination but that should be in the terms of the vr.

mad setting a start date before the end date.

Thanks for the advice, but with all due respect I have never been through redundancy before so it only makes logical sense for me to secure employment at the earliest opportunity to ensure I don't lose out on too much pay.

For me it would be 'mad' not to capitalise on two payments in one month if the option is there. Need to remember the terms have not been explained clearly to me and there is nothing in my contract or staff handbook that explains gardening leave.

After doing more research I cant work out why my boss has even used the term 'Gardening Leave' when effectively they are paying my notice, which from what I gather is normal practice anyway?

I am completely inexperienced with this situation hence why I am reaching out to people that may know.

d70cw6 · 24 July 2014 at 1:32PM

just dont tell your old employer. /shrug

Takeaway_Addict · 24 July 2014 at 2:01PM

d70cw6 wrote: »

just dont tell your old employer. /shrug

Which is ok unless they find out and sue you for the redundancy money back, the wages back, possibly breach of contract and also drop you in it with the current employer about the shoddy attitude.

Great plan!

Takeaway_Addict · 24 July 2014 at 2:03PM

Gardening Leave just means you can't work elsewhere whilst on notice, you are though still bound in employment by the company and as such if they require you to go in you will need to.

You maybe able to give counter notice and keep the redundancy but there are strict procedures in doing this.

getmore4less · 24 July 2014 at 5:29PM

MKCM wrote: »

Thanks for the advice, but with all due respect I have never been through redundancy before so it only makes logical sense for me to secure employment at the earliest opportunity to ensure I don't lose out on too much pay.

But then you may have to hand your notice in before the employer sets a termination date, risking the redundacy.

For me it would be 'mad' not to capitalise on two payments in one month if the option is there. Need to remember the terms have not been explained clearly to me and there is nothing in my contract or staff handbook that explains gardening leave.

Garden leave is a common term used in employment which means that the employer is letting you stay at home during a contractual period, all the terms of your employment are still in place like having to request holidays or notifying if sick

Some employers prefer to use PILON and get things overwith, always worht asking for that option when going through termiantions for any reason

After doing more research I cant work out why my boss has even used the term 'Gardening Leave' when effectively they are paying my notice, which from what I gather is normal practice anyway?

GArden leave is very different to just paying notice.

I am completely inexperienced with this situation hence why I am reaching out to people that may know.

The issue is you are taking a risk and need a stratagy that will mitigate.
That will depend on how you thing the various involved will react.

Keeping quiet is one option and hope for the best niether finds out, need to make up some story about your P45.

Talking to your current employer to see if they will release you from contract early, with PILON or no pay if needed

Make sure the new employer is happy that you may get called back to your old employer or see if they will let you start a bit later.

If your new wmployer has any clauses about working elsewhere then that increses the risk(IMO).

kerri_gt · 24 July 2014 at 11:02PM

Could you not ask your HR dept without actually telling them you have a new job, something like 'you are going to sign up with job agencies and if you're offered temp / perm work in Aug, are you able to work it?'

Tbh, if the company is getting rid of you, it would be pretty shoddy of them not to be supportive of you getting a new job.

Starting a new job during redundancy notice period.

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