Reply to: Overlapping Dates between Old and New Job

[NotAllThere]

Thread closed.

Update: I have contacted the company to postpone the dates but I'm getting really tired of the constant remonstrations around the use of the word "job" so I'm going to be deleting the post now. Thank you to PerfectStorm and others who gave their advice.

[eek]

The only reason I can think of that 2 might be an issue is that if your previous employer has given you some kind of redundancy payment that may have clauses in it, that would mean you may have to pay back some/all of any redundancy.

That is literally the point of garden leave - and the OP was placed on gardening leave.

They do but they know what they are talking about. They know exactly what they do, who for and what they get so the terminology isn't that important. The OP doesn't so it's absolutely key to get it right while they learn.

You say that I need to learn, and that's fine, but when did it become your position to tell me HOW I should learn? I really think you have it backwards because generally, people are supposed to understand what they're doing and why they're doing it first, and then they will be able to get it right which is what I'm trying to do, but that also takes time.

I already said I was reading the first time guides. I'm not sure where you got the expectation that that's going to be an overnight process for me to
" learn " everything you think I should know, but this constant nagging is becoming tiresome so please leave me alone. Thanks.

[northernladuk]

One man bands and companies in the trades use the word "job" almost exclusively, it means nothing more than some work for a person or company.

They do but they know what they are talking about. They know exactly what they do, who for and what they get so the terminology isn't that important. The OP doesn't so it's absolutely key to get it right while they learn.

[b0redom]

IR35 status probably has an impact too. If you're outside in the new gig, who's to say when you started work? You're just billing x days. Depends on your attitude to risk though.

[Lance]

as long as the old employer has no idea, or at least no evidence, of you starting your new 'gig', then there is little they can do.
You won't get a P45 till you've finished with them, but that's not a problem, you'll be taxed on emergency tax code for a week or 2.

[PerfectStorm]

The whole point of gardening leave is that you're not transferring over old info while having access to the new places systems - even more good reason to delay starting by a week.

THat said, not sure how much any of this stuff can be enacted. They don't own you.

This.

There's no point in coming onto an internet forum to find out what a bunch of strangers thinks you can and cannot do. You need to speak to the companies involved.

1. Ask the company you are going to work for if they can delay for the period of time required. That's ask, not demand.
2. Ask your previous employer if they are prepared to release you from the contract early. Again, that's an ask, not a demand.

The only reason I can think of that 2 might be an issue is that if your previous employer has given you some kind of redundancy payment that may have clauses in it, that would mean you may have to pay back some/all of any redundancy.

It's probably also worth your while getting your umbrella company sorted out while you're waiting for the contract to start

Ok Thanks

It actually matters. It's not just a matter of semantics. If you want to become a career contractor, you have to start thinking like one. If you don't, you're likely to run into problems. Having a job and an employer is different from having a contract and a client. Sure, we talk loosely about bosses, employers and jobs wrt contracts - but when you start it is important to get the terminology right, so you have the right mindset.

If you're working through a brolly, are you aware that the employers NI will come out of your fee? If you're working through your own ltd co, are you aware the fee is your company's, it's not yours.

There's no problem from a tax perspective have multiple concurrent jobs. Plenty of people do it. HMRC are only concerned about collecting the tax and NI.

OK. Thanks

[WTFH]

Knowing this:


Have you spoken directly to the client not the agency about not being available for 5 days?

As I bet you haven't.

One thing you need to know as a contractor is that while your contract may be with one legal entity e.g. agency, you may need to talk directly to another entity yourself e.g. client to sort out issues such as start dates, days off, extensions, end date.

This.

There's no point in coming onto an internet forum to find out what a bunch of strangers thinks you can and cannot do. You need to speak to the companies involved.

1. Ask the company you are going to work for if they can delay for the period of time required. That's ask, not demand.
2. Ask your previous employer if they are prepared to release you from the contract early. Again, that's an ask, not a demand.

The only reason I can think of that 2 might be an issue is that if your previous employer has given you some kind of redundancy payment that may have clauses in it, that would mean you may have to pay back some/all of any redundancy.

It's probably also worth your while getting your umbrella company sorted out while you're waiting for the contract to start

[SueEllen]

One man bands and companies in the trades use the word "job" almost exclusively, it means nothing more than some work for a person or company.

It's fine to use the word 'job' when you have an idea of what your status is but the starter of this thread clearly doesn't as they are asking basic questions about HMRC and overlapping start dates .

northernladuk NotAllThere won't pull up regular posters who use the incorrect terminology in most of the time, but there is a good reason why they are pulling up a newbie.

[SueEllen]

Knowing this:

the issue you have is that gardening leave is just that - it’s money paid to stop you working for someone else - working at the same time and your old employer can and will seek to recover (all) the money they’ve paid you while you were on that gardening leave or stop you working for way longer

Have you spoken directly to the client not the agency about not being available for 5 days?

As I bet you haven't.

One thing you need to know as a contractor is that while your contract may be with one legal entity e.g. agency, you may need to talk directly to another entity yourself e.g. client to sort out issues such as start dates, days off, extensions, end date.

[Snooky]

And stop using the work job It's not a job. It's a contract with a client. Take some time to read the first timers guides in the link to the right.

One man bands and companies in the trades use the word "job" almost exclusively, it means nothing more than some work for a person or company.

[TheGreenBastard]

I think you'd be brain dead to care, tax is between you and HMRC. Simply do the overlap, you're on gardening leave, those initial 5 days will be onboard, context gathering etc.