Redundancy and New job !!

freshbeginning

Hi all

Just wondered if you are allowed to start a new job before your termination date on your compromise agreement ?

My current employer has dragged this process on for what seems like an eternity as it struggles in this current climate. I obviously started looking for alternative employment as soon as I found out and was lucky enough to secure a job which I'm due to start very soon.

I've nagged my current employer for conclusion of this compromise agreement and eventually received a copy today. But the termination date is at the end of this month, which is later than my new start date !!

I've arranged legal advise but thought I'd ask here to.

cheers fb

freshbeginning

Anybody ??

Slopalongplacidly

I expect you feel a bad cold coming on, and pretty hard to prove. I had the same a few years ago and the company made me stay in front of a computer which didn't blink and a phone that didn't ring.

Ph them, let them prove it! All the best.

tiger

take un paid holiday during this period and dont miss out on your new job.

freshbeginning

It's been sorted now. The termination date has been brought forward to before I start my new job.

It appears though that I could still be in breach of contract as there are warranties included that says I can't work for anyone else within 2 months of the date on the agreement !! Is this standard procedure ?

Debt_Free_Chick

You can't work for anyone else at all?

What does your solicitor say - after all, your solicitor agreed to that clause.

freshbeginning

Debt_Free_Chick wrote: »

You can't work for anyone else at all?

What does your solicitor say - after all, your solicitor agreed to that clause.

Hence the question is this standard !! My solicitor has obviously advised me to have the warranties removed from the agreement.

Debt_Free_Chick

freshbeginning wrote: »

Hence the question is this standard !! My solicitor has obviously advised me to have the warranties removed from the agreement.

OK - I'm confused now and don't understand the question.

It's standard that employers put warranties in. And standard that solicitors advise removing at least some of them. It's common to have a warranty stating that you can't work for a competitor; within x miles of the current employer etc. The warranties vary.

I've not seen a warranty banning all work of any description and it's doubtful that such a warranty would stand up in Court, if challenged. You can't be prevented from earning a living.

Some employers would argue that you've been paid not to work via the compensation paid to you. The counter argument is that the compensation is simply damages for breach of contract i.e. that you're entitled to the damages irrespective of how soon you find alternative employment.

Whatever we post here, however, you should take the advice of your solicitor.