waiting to hear from HR on Friday

frogga

Well there was the potential of a job in the pipeline. The boss said let them know when he has had hos second jab, which he now has had.  Like I said he wanted to start back in work on Wednesday. It would be a shame to miss out on this new job just because he has to wait 12 weeks.  His contract says if he wants to work elsewhere he has to get their permission. I thought that was probably for a weekend job or evening work rather than while he was working out his notice?

TBagpuss

He should get paid normally during his notice period and this should be at his normal full pay (not SSP ) 
They can require him to take any holiday he has built up, during the notice period, as long as they give him the proper notice which is 2xthe length of the holiday (of if they want him to use 1 week holiday they have to give 2 weeks notice for him to do that)
If he doesn't take any holiday then he should get paid for the holiday built up but not taken, in his final pay packet. It would be sensible for him to work out how much he thinks he is owed and then write to them in the final week of his notice period to set out what he believes he is owed and to ask them to confirm they agree.

juraj.kecso

frogga said:

Well there was the potential of a job in the pipeline. The boss said let them know when he has had hos second jab, which he now has had.  Like I said he wanted to start back in work on Wednesday. It would be a shame to miss out on this new job just because he has to wait 12 weeks.  His contract says if he wants to work elsewhere he has to get their permission. I thought that was probably for a weekend job or evening work rather than while he was working out his notice?

So why doesn't he speak to his boss about the situation and explain that as he is in his notice period another job has come up and whether he will be required to return to work for the duration of the notice? He could also continue obtaining sick notes for the duration of the notice period. 

Savvy_Sue

juraj.kecso said:

Hi, if he is not required to come to work during the notice period he could potentially start working elsewhere almost immediately. However, this could have an impact on tax (having 2 jobs at the same time).

He won't pay any more tax long term, but he will initially pay tax on everything he earns in the new job - no tax-free allowance. So it can look grim, but once this becomes his only employer, he can get the tax code changed and will pay less tax than initially. 

frogga said:

Well there was the potential of a job in the pipeline. The boss said let them know when he has had hos second jab, which he now has had.  Like I said he wanted to start back in work on Wednesday. It would be a shame to miss out on this new job just because he has to wait 12 weeks.  His contract says if he wants to work elsewhere he has to get their permission. I thought that was probably for a weekend job or evening work rather than while he was working out his notice?

No, it means he has to get their permission, even if he's 'working' his notice. generally, permission shouldn't be unreasonably refused - and it seems reasonable that if he's on notice because of ill-health, he needs to get another job as soon as possible.

However, they could question how he can start a new driving job if he can't do theirs. I don't think they'd have a case, but it doesn't mean they wouldn't turn awkward. 

frogga

Hi Sue, Mr Frog told them he WANTED to go back to work for them, it was they who said they couldn't meet this need.  Their OH said he needed Part TIme, regular hours, no lifting. They said they could not do this. It has been friendly so far. Mr Frog will write to them and ask permission to get a part time job elsewhere.  That was EXACTLY the question I needed answering. THANK YOU xxxxx

General_Grant

Savvy_Sue said:

juraj.kecso said:

Hi, if he is not required to come to work during the notice period he could potentially start working elsewhere almost immediately. However, this could have an impact on tax (having 2 jobs at the same time).

He won't pay any more tax long term, but he will initially pay tax on everything he earns in the new job - no tax-free allowance. So it can look grim, but once this becomes his only employer, he can get the tax code changed and will pay less tax than initially. 

frogga said:

Well there was the potential of a job in the pipeline. The boss said let them know when he has had hos second jab, which he now has had.  Like I said he wanted to start back in work on Wednesday. It would be a shame to miss out on this new job just because he has to wait 12 weeks.  His contract says if he wants to work elsewhere he has to get their permission. I thought that was probably for a weekend job or evening work rather than while he was working out his notice?

No, it means he has to get their permission, even if he's 'working' his notice. generally, permission shouldn't be unreasonably refused - and it seems reasonable that if he's on notice because of ill-health, he needs to get another job as soon as possible.

However, they could question how he can start a new driving job if he can't do theirs. I don't think they'd have a case, but it doesn't mean they wouldn't turn awkward. 

If the new employment is continuing after the termination of the original job and he hands over a P45, there's no need to get the tax code changed.  The tax code should then be applied to the new employment and there is plenty of time left in the tax year for everything to be corrected and could initially lead to a tax refund via PAYE. 
[SS - But perhaps you meant that the new employer would be applying BR initially and would then apply whatever is on the P45, which is what would happen. - GG]

frogga

I understand, thank you both x

frogga

Also just checking thsat if he got the part time job, he would still be entitled to his full 12 weeks at full pay?

74jax

frogga said:

Also just checking thsat if he got the part time job, he would still be entitled to his full 12 weeks at full pay?

Has anything been put in writing yet, or is it from a phone call?  
I would expect the full terms to be in the confirmation email/letter.  You may find a paragraph about being asked to return to work during the notice period if they find something suitable for him to carry out.....

General_Grant

frogga said:

Also just checking thsat if he got the part time job, he would still be entitled to his full 12 weeks at full pay?

Yes.  His current employer has to pay his full pay for the notice period, whether or not he has another job.