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Starting new job in notice period

Discussion in 'Workplace dilemmas' started by anick13, Apr 1, 2017.

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If I am in my notice period over the summer holiday can I start a new job or do I need to wait?

Poll closed Jun 1, 2017.
  1. Start new job in notice period

    4 vote(s)
    80.0%
  2. Wait for 1st September to start

    1 vote(s)
    20.0%
  1. anick13

    anick13 New commenter

    As I understand it, if I were offered a new job (not in a school) and handed my notice in before 31st May I would still be employed by the school until 31st of August but obviously wouldn't be working during the six weeks of summer. Could I start my new job during the summer holiday or would I have to wait til 1st September?
    I'm not sure how this would work with contracts and especially tax.
     
  2. grumpydogwoman

    grumpydogwoman Star commenter

    The pay you receive in August is just a twelfth of the annual pay. You will have worked all your directed hours and fulfilled all your contractual obligations when term finishes. Unless you have left reports incomplete or your room in a mess or something like that.

    But you are free to work elsewhere.

    As for the tax? Let payroll work that out in your new workplace. If self-employed then I fear it's a 'phone call to the dreaded HMRC.
     
    thekillers, wanet and Lara mfl 05 like this.
  3. peakster

    peakster Star commenter

    The HMRC are really helpful actually (in my experience anyway !)
     
    Lara mfl 05 likes this.
  4. Rott Weiler

    Rott Weiler Star commenter Forum guide

    .
    Are you employed on STPCD and 'Burgundy Book' (National Conditions of Service) at the moment @anick13 ?

    Not strictly correct @grumpydogwoman , anick13 has fulfilled their directed time obligations but not their contractual obligations. Contractual obligations continue until the contract terminates on 31st August (and, in circumstances not relevant here, there can be post-termination contractual obligations too).

    There was a similar thread a while back, can't find it now but I recall @GLsghost had some thoughts on this.

    It's not intrinsically unlawful to have overlapping contracts of employment but in the private sector it's common for contracts of employment to say that you cannot work for anyone else prior to the contract termination date without your employer's permission. There's no such clause in STPCD/Burgundy Book, they are silent on the matter, but if working under an academy's own contract conditions it's possible they do contain such a clause. In which case you would need the school's permission to start the new job in August.

    If there's no express clause I don't know if technically there's any other legal issue. As many pointed out on earlier thread, if you don't tell the school they won't know anyway and are unlikely to do anything even if they did find out. So in practice I'd say just start in August but don't tell the school. I recall the OP on the earlier thread had made the 'mistake' of telling the school he was starting new job on 1st August and they got difficult about it.

    Don't worry about tax, it's not a problem. That takes care of itself in the tax coding HMRC will give to your new employer., or when you do 2017-18 tax return. And HMRC don't care how many employers you are employed by or whether the contracts overlap as long as you are paying tax.
    .
    .
     
    Last edited: Apr 1, 2017
    phlogiston, wanet and Lara mfl 05 like this.
  5. marlin

    marlin Star commenter

    Rott Weiler likes this.
  6. GLsghost

    GLsghost Star commenter

    You can start a new job in notice period if your employer consents to it. Technically you are employed until the notice period expires, the last day of which becomes your EDT.
     
    Lara mfl 05 likes this.
  7. marlin

    marlin Star commenter

    Effective date of termination (EDT)

    I had to look that abbreviation up @GLsghost :oops:
     
    Lara mfl 05 likes this.
  8. GLsghost

    GLsghost Star commenter

    :p
     
    Lara mfl 05 and marlin like this.
  9. marlin

    marlin Star commenter

    :p Back at yer! :D
     
    Lara mfl 05 likes this.

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