Notice period

acsrjsk

I know what you say makes sense - knowing what the response is going to be - they will say no. I am thinking of not complicating this and leave the matter takes its course. 

lincroft1710

As has been previously stated

1. Whilst on A/L you are still employed by current employer.

2. Employer can cancel your leave at short notice


which if they do and you do not report for duty means they don't have to pay you. Since you would be leaving and would have no opportunity to take the leave, a possibility you could lose it.


Also do not forget that if the new employer finds out that you were still working for old employer and this contravenes new employer's Ts and Cs of employment, they have 2 yrs in which to dismiss you without reason

Jillanddy

elsien said:

Can anyone else see this all ending in tears? 

Oh yes. It's not an if the current employer finds out,  it's a when. It never fails to amaze me how many people think your ex- employer can't touch you...

acsrjsk

Thank you. So I  risk losing my annual leave pay at the worst case scenario.

As far the new employer I am actually self employed working for them. So no T&C except the standards. 

Undervalued

acsrjsk said:

Thanks oh really. Why is that a problem? The contract doesnt forbid me neither I am on gardening leave.

It doesn't need to!

I very much doubt is specifically forbids you from dancing naked around the office and reliving yourself in the kitchen sink! But what do you think would happen if you did?

You have a legal duty to act in good faith. Working for another employer whilst you are still employed by your current one, without both parties specific permission, is not acting in good faith. As has been explained the current employer is quite entitled to cancel at least some of your "booked" leave and if they did so you would not be available for work.

If you are confident neither will object then get their agreement, that way everybody is covered. Otherwise, as Elsian has said there is a chance this could all end in tears and you find yourself without either job and a damming reference when you try to get another!

acsrjsk

You are getting me worried now.i wasnt going start my new one until end of this year and I actually brought it forward! The current one defo wont agree and that's for sure even when I am on annual leave. I have read several lawyer sites on having a "second job" and every single article says that this needs to be a written clause in the contract, which there is none in my case.

acsrjsk

I wont get a reference from my managers anyway!

acsrjsk

I mean I will never ask them for a reference.

acsrjsk

Then again the chances of them asking me to come back...I have to return laptops on my last working day. Without this I cant work. Unless they send out another laptops I just dont think is logistically easy and probably so out of spite.

Jillanddy

acsrjsk said:

Thank you. So I  risk losing my annual leave pay at the worst case scenario.

As far the new employer I am actually self employed working for them. So no T&C except the standards. 

Dear God. So no employment protection EVER! You risk so much more than you can imagine. Starting with the fact that you are going to work for your current employers supplier. Do you really think that some self-employed contractor will be more important to them than their client? There are so many ways this can go wrong that your original question pales into insignificance.