Employment help needed

Author
Discussion

Fatherdougal

Original Poster:

190 posts

57 months

Friday 6th May 2022
quotequote all
A bit complicated, will try and keep as concise as I can, but could really do with some advice please!

I'm changing job/company and despite trying to negotiate down my 3 month notice period, my current employer is holding firm. That puts my final day with them as August 5th. However, my new employer can only start people on the first or third Monday of the month due to payroll runs.

I have the last week of July and first week of August booked as holiday in my current role. Is there anything to stop me asking my new employer's contract to start 1st August (appreciating that first week I will have to take as holiday with them) and physically start on the 8th?

That would mean one concurrent week being "employed" by both but I will be out of the country on holiday.

Are there any problems with this, am I breaking any laws? And guidance much appreciated

QuartzDad

2,370 posts

129 months

Friday 6th May 2022
quotequote all
Why not just start on the 15th and be unemployed for a week?

Starting on the 1st opens up the possibility of awkward questions about P45 dates and being in breach of your current employment contract.

martinbiz

3,373 posts

152 months

Friday 6th May 2022
quotequote all
Fatherdougal said:
A bit complicated, will try and keep as concise as I can, but could really do with some advice please!

I'm changing job/company and despite trying to negotiate down my 3 month notice period, my current employer is holding firm. That puts my final day with them as August 5th. However, my new employer can only start people on the first or third Monday of the month due to payroll runs.

I have the last week of July and first week of August booked as holiday in my current role. Is there anything to stop me asking my new employer's contract to start 1st August (appreciating that first week I will have to take as holiday with them) and physically start on the 8th?

That would mean one concurrent week being "employed" by both but I will be out of the country on holiday.

Are there any problems with this, am I breaking any laws? And guidance much appreciated
Can't see a new employer taking kindly to someone starting with a week off, I don't think I'd be happy unless it had been agreed prior and they may refuse anyway as you will not have accrued any annual leave to take in the first place

Canon_Fodder

1,775 posts

70 months

Friday 6th May 2022
quotequote all
Personally I wouldn't want to say to a new employer

"i'll start on Monday 1st but take that first week as paid holiday please"

It just seems a weird thing to do and you won't have accrued any holiday with them (if that's how they do it)

bigandclever

13,948 posts

245 months

Friday 6th May 2022
quotequote all
Must've been described poorly, can't see why you wouldn't just start on the 3rd Monday, have an extra few days 'unemployed', top up the tan, no complications.

Fatherdougal

Original Poster:

190 posts

57 months

Friday 6th May 2022
quotequote all
Holiday at new employer can be taken in advance rather than accrued so that's not an issue, and they are already aware of those holiday dates.

I know you are all asking the same question, but I don't want to take a week unpaid between roles, plus my new employer already wants me to try and start earlier than my 3 month notice period, pushing it back even further isn't really an option

Beetnik

527 posts

191 months

Friday 6th May 2022
quotequote all
Lots of people have two jobs so, unless there's something in your present contract preventing that (and what can they do if there is - sack you?) go ahead as planned and start at the beginning of August in your new job albeit on holiday for the first week.

On your starting declaration you'll need to tick 'have other employment' rather than 'this is my only job' but you can sort that out with HMRC just as soon as you return from holiday.

rustyuk

4,679 posts

218 months

Friday 6th May 2022
quotequote all
For my last role I used holiday to reduce my 3 month notice period and was employed for two companies for a couple of weeks.

Expect HMRC to change your tax code a few times but other than that the experience was painless.

TonyF1

172 posts

59 months

Friday 6th May 2022
quotequote all
Start on the 1st. Tell your current employer that’s what is going to happen. Best of luck in the new job.

martinbiz

3,373 posts

152 months

Friday 6th May 2022
quotequote all
TonyF1 said:
Start on the 1st. Tell your current employer that’s what is going to happen. Best of luck in the new job.
Is it a PH thing that no one actually reads the thread properly

stuthemong

2,401 posts

224 months

Friday 6th May 2022
quotequote all
You’ll almost certainly be in breach of your contract with current employer, and likely the new one too.

If you’ve told the new one, in writing, and they are happy with this then that seems minimum sensible play

You should probably get permission from current employer to allow this, but you may take a view. You’ll be breaching. Will they find out? And if they do, what is their loss? If it’s a competitor I’d stay well clear of poking that hornets nest without permission .

I’d just ask your new employer to sort and explain you’re not prepared to breach your agreement with current employer. Doing the right thing is never the wrong thing. smile

anonymous-user

61 months

Friday 6th May 2022
quotequote all
You might be breaking your contract with your current employer, but if they dont owe you any money passed this date, then it should go unnoticed.

That said, if they find out, they could pursue you for breach of contract, if it says not to take up employment elsewhere etc.


check your contract for the detail and go from there

Cyberprog

2,232 posts

190 months

Saturday 7th May 2022
quotequote all
Why not ask your current employer, that if they are so keen on your staying for the full 5 months, if you can hang on till the 15th start date?

That or just call in sick your last few days - not like they can sack you, is it?

My employer was very helpful, I handed my notice in on the 6th of last month, but would have done it sooner, but they were dragging their heels on a counter offer anyway. Luckily my manager was cool with me finishing on the end of June, so I start the new place beginning of July.

May be worth pointing out the facts of life to your manager though - a few days here or there shouldn't be such a big issue!

Largechris

2,019 posts

98 months

Saturday 7th May 2022
quotequote all
Cyberprog said:
Why not ask your current employer, that if they are so keen on your staying for the full 5 months, if you can hang on till the 15th start date?

That or just call in sick your last few days - not like they can sack you, is it?

My employer was very helpful, I handed my notice in on the 6th of last month, but would have done it sooner, but they were dragging their heels on a counter offer anyway. Luckily my manager was cool with me finishing on the end of June, so I start the new place beginning of July.

May be worth pointing out the facts of life to your manager though - a few days here or there shouldn't be such a big issue!
Seems reasonable ^^^^^ (3 months) but I would think it’s key whether it’s a competitor or not. If it’s not a competitor can’t believe there’d be an issue starting on the 1st.

TonyF1

172 posts

59 months

Sunday 8th May 2022
quotequote all
martinbiz said:
TonyF1 said:
Start on the 1st. Tell your current employer that’s what is going to happen. Best of luck in the new job.
Is it a PH thing that no one actually reads the thread properly
Did read it Martin and states the new employer only onboard on 1st or 3rd hence advice to tell current employer going early. What the point you’re trying to make given you’ve read it properly?

Countdown

42,069 posts

203 months

Thursday 12th May 2022
quotequote all
Fatherdougal said:
I'm changing job/company and despite trying to negotiate down my 3 month notice period, my current employer is holding firm. That puts my final day with them as August 5th. However, my new employer can only start people on the first or third Monday of the month due to payroll runs.
This bit is crackers. Any competent HR/Payroll team should be able to start you on any day of the month, If you miss one payroll run you get added to the next one and your pay backdated


Fatherdougal said:
That would mean one concurrent week being "employed" by both but I will be out of the country on holiday.

Are there any problems with this, am I breaking any laws? And guidance much appreciated
Absolutely none whatsoever. The only thing would be your PAYE tax allowance. Your new place need the P45. Your old place might not issue this until after your final payroll run. So there might be a month in which you get taxed at BR. However this will automatically correct itself in the following months.

Chozza

808 posts

159 months

Thursday 19th May 2022
quotequote all
Countdown said:
Your new place need the P45.
They might want your P45 - but they don't need it.
The new employer can just use the Online Starter Checklist ( used to be a p46 but that doesn't exist anymore )

It might take a while for your tax to sort itself out , but i've not supplied p45s for my last two roles ( My two most recent starts have aligned with tax year)