can you start a new job whilst still in your notice period

girls

I've been off work for 5 weeks with stress, hate the job and my Manager has called me asking what my doctor has said, whether or not he has prescribed anti depressants and generally being very nosey. before I was signed off she gave me a work confidential advice/counselling telephone number and said it was completely confidential and it was upto me whether or not I used it, I didn't want or ask for it but took it from her anyway.She then started calling me at home asking if I have called it or not, also if I've left the house...talking to me like I'm a nutcase...nothings wrong other than the stress of the job and combination of financial stresses. My doctor has advised me to tell my company nothing other than I don't know when I'll be back and just to hand the sicknote in at work. I have been looking for alternative work as I really don't want to return and am due to start a new job in 2 weeks. However, my job needs 4 weeks notice and I am worried to start the new job whilst I'm still in notice period with the last one. I can get a sick note up until I start the new job, my doctor knows I don't want to return but I'm worried that it may be illegal to start somewhere new. Can anyone advise?

KiKi

If you hand your notice in, and your 4 weeks notice period begins, then you are still employed by the company. They are still paying you.

Whilst it is possible that they may not find out if you start a new job elsewhere (bear in mind the new organisation is likely to ask for a reference...), the fact is that you are in their employ, and paid whilst you're off sick. There's also the moral question of accepting sick pay / SSP for a day's work whilst you're working somewhere else and being paid for it.

It's very likely that your current contract / company policy states that you may not work elsewhere without their permission. If that's the case - and you worked elsewhere - you would be in breach of contract. Which they could mention in a reference. You may be prepared to take that risk.

IMO, it's a really bad idea. As you're off sick anyway, you may find that they will very happily allow you to leave 2 weeks earlier as they won't want to pay you for not being there.

Bear in mind that companies expect a notice period, so it won't be any surprise to a new job that they have to wait for you for 4 weeks, you may have to sit it out.


KiKi

Uncertain

It is perfectly possible to be signed off sick from one job but OK for another. A physical injury preventing manual work but not clerical is an obvious example but stress situations can be another.

Your need to get the doctor to make this very clear on any "fit"note.

If you find an alternative job and give notice on the current one, make it clear that your doctor is willing to sign you off for the whole notice period. Under such circumstances the firm will almost certainly be happy to agree to waive your notice period. Even if you are not getting company sick pay you are still accruing holiday all the time you are off sick so it is costing them money.

Tell the firm you will keep them updated by email but otherwise, on your doctor's advice, you would prefer them not to call.

fannyadams

do you have any annual leave?
what I have done perfectly legally in the past is hand 4 weeks notice in and had 2 weeks holiday to take, therefore I've started my new job whilst on holiday from my old job.
don't know how the sickness absence works though - either you are too ill to work and therefore have a sick note to cover the illness or you are well enough to work and should, therefore, be at work.
Good luck with whatever happens sounds like you are well shot of your previous place.

girls

Thanks for those replies. I actually may just resign and tell them that I won't be returning and just get the sick note covered until I leave or give them the option to cease paying me other than any holiday I have left. I hate it, it's for a large Multi National company too, not always the best places to work are they

Uncertain

girls wrote: »

Thanks for those replies. I actually may just resign and tell them that I won't be returning and just get the sick note covered until I leave or give them the option to cease paying me other than any holiday I have left. I hate it, it's for a large Multi National company too, not always the best places to work are they

If your doctor is willing to issue a sick note then you may as well use this to cover your full notice period. They cannot then make you take whatever holiday is owed so they will have to pay you for it after you leave. You will accrue over two days holiday during the four weeks notice so you may as well have the money.

julieb1987

If you work in your new job whilst "off sick" from your old job you will be committing fraud. You are effectively telling your current employer that you're not fit to work, and they will be paying you, whilst getting paid to work elsewhere. Also, your current employer can sue you for not working your notice period as outlined in your contract. Why on earth did you say you would start a new job before you finished your old one? You need to call your new employer and delay your start date by another 2 weeks. Either that or see if you and your current boss can come to some kind of agreement.

Uncertain

julieb1987 wrote: »

Either that or see if you and your current boss can come to some kind of agreement.

Given that the OP can say to current boss "Here is four weeks notice but, by the way, I''ll be signed off sick for the whole time. Alternatively you can agree to two weeks notice (also signed off sick)" there seems little doubt which they will go for!

LittleVoice

julieb1987 wrote: »

If you work in your new job whilst "off sick" from your old job you will be committing fraud. You are effectively telling your current employer that you're not fit to work, and they will be paying you, whilst getting paid to work elsewhere. Also, your current employer can sue you for not working your notice period as outlined in your contract. Why on earth did you say you would start a new job before you finished your old one? You need to call your new employer and delay your start date by another 2 weeks. Either that or see if you and your current boss can come to some kind of agreement.

It is not fraud to be off work sick when you are capable of doing other work but not the work from which one is off sick.

It is true that you tell the one employer you are not fit to work for them. That can be true even when you are fit to work elsewhere.

CKhalvashi

girls wrote: »

Thanks for those replies. I actually may just resign and tell them that I won't be returning and just get the sick note covered until I leave or give them the option to cease paying me other than any holiday I have left. I hate it, it's for a large Multi National company too, not always the best places to work are they

We're not that large, but we're not all that bad (I own one)

I had a situation like this a few years ago; was able to do one job, but not another, and I couldn't find her a job in the department that would have been suitable.

I happily allowed her to be paid until she started, wrote a glowing reference and didn't mention (I don't think) the recent ill health.

All is good, and she's back with us as a manager of the said department she left now.

CK