Two jobs at once? (overlap)

[Dearnla]

I had a two month overlap when I got made redundant and put out to pasture. Nobody knew, cared or found out. Just paid the tax on all the earnings like a good boy and pocketed the rest.

[groovybeetlecar]

If your employment contract has some valid handcuff clause preventing you working for the competition and your new contract position is with the competition, then you could be sued for whatever loss your employer could claim.

You might find that your employer stops paying you if you take up a new contract, as you could be in breach of your employment contract.

Best thing - keep quiet, take the money. Other than the contractual terms, there's nothing amiss with having multiple employers.

Different sector. so not competition. Really wishing I hadn't phoned him now. So much for trying to be above board with everything. Will not mention it again and see what happens...

[NotAllThere]

If your employment contract has some valid handcuff clause preventing you working for the competition and your new contract position is with the competition, then you could be sued for whatever loss your employer could claim.

You might find that your employer stops paying you if you take up a new contract, as you could be in breach of your employment contract.

Best thing - keep quiet, take the money. Other than the contractual terms, there's nothing amiss with having multiple employers.

[Sailaway]

I was in the same position 6 years ago.

I was being made redundant and was on garden leave until the end of February.

I was offered a contract position which was to start the first week of February (this is roughly the same overlap period as you have).

The person for whom I was starting the contract was fully aware that I was on garden leave. We agreed that I would start the contract but that I would need to have a couple of hours off to go back to my previous employer for the official good bye (redundancy letter, entitlements etc).

You can imagin how amusing getting made redundant was

I never mentioned to the origional employer that I had started the contract as the fact that I was on garden leave meant they didn't require my services anyway.

So, for the final 3 weeks I was paid by the original employer and also paid on contract.

No fiddle I paid paye with the employer and started my 1st contract with an umbrella company and also paid paye.

No issues or comeback from anyone.

Still contracting but now with my own Ltd Company, hope this helps.

[groovybeetlecar]

Holiday doesn't count. The Friday is the last day they can claim you were actually expected to do anything for them, since the Holiday is yours to do what you want with anyway.

There is no loss to them, you are not working on the contract when they could reasonably expect you to have been doing anything productive for them. Start the contract and don't worry about it.

Thanks Dave. I didn't realise that.

[DaveB]

Thanks for the replies but the overlap is nearer three weeks: a day gardening leave and two weeks paid holiday. Or does the holiday not count?

Holiday doesn't count. The Friday is the last day they can claim you were actually expected to do anything for them, since the Holiday is yours to do what you want with anyway.

There is no loss to them, you are not working on the contract when they could reasonably expect you to have been doing anything productive for them. Start the contract and don't worry about it.

[herman_g]

Fail!

I agree.

This guy won't make it.

[lukemg]

Take the contract and don't worry about it, no one will care. Even if anyone did, you can easily ascribe the one day as an interview and the first invoice will be some time after.
Don't bother telling anyone, start the contract and good luck.

[groovybeetlecar]

Thanks...

Thanks for the replies but the overlap is nearer three weeks: a day gardening leave and two weeks paid holiday. Or does the holiday not count?

[dang65]

A contractor I work with at the moment has just announced that he can only give 50% of his time now because a new opportunity has come up which he doesn't want to miss out on. This is while the contract is still at full steam, not the last few days.

It's in Germany though, where there seems to be more of a freelance attitude and acceptance than we have.

[swamp]

Fail!

[Pondlife]

For the sake of one day I wouldnt worry about it.

There is no loss to your current soon to be ex-employer so I cant see them getting upset about it.

Agreed.

What they gonna do, fire you?

[herman_g]

Don't know why you would even bother mentioning it to him!

If you want to be a contractor, you need to learn to chase the money.

[DaveB]

For the sake of one day I wouldnt worry about it.

There is no loss to your current soon to be ex-employer so I cant see them getting upset about it.

[groovybeetlecar]

Hello, a fairly long lurker here but first post. I have done a search but couldn't find anything on this one.

My story: working out notice period on permie job. Am on gardening leave until Friday 4th, then on leave until my job finishes on 22nd September. There would therefore be a one day overlap on gardening leave with the rest of the overlap coinciding with paid leave.

Have been offered a contract staring this Friday 4th.

I've phoned up my boss to get permie job end date brought forward but he doesn't know if it can be sorted in time. In the mean time he didn't think there was an issue in starting the contract whilst I'm still technically employed by old company. Is this correct?

I don't yet have the contract for the new job (all moving v quick, only offered this morning) so he has advised to wait until I have it to get back to him but I want to be clear that there are no issues if there is any overlap?