Working in new company during leave offset notice period

Not sure where should i post this as career and employment section has no fulltime employment subsection..Mod if you read this please advise if there is a more appropriate subsection for this topic.

I have submitted my resignation letter to my company. The notice period is 2 months but i have a lot of unused annual leaves. So i use my annual leave to offset my notice period and that makes my notice period only around a bit more than 1 month. My manager asks me the reason for resignation and i told her honestly i want to move to another company. She then told me that i cannot start my new job while i am still within the notice period even when it has been offset by annual leaves.

I find this rather unfair as once i serve till my physical last day i am technically not going to serve another day in my company anymore why the hell am i constrained to not be able to start work in my new job?

I called up my lawyer friend and he said this part of labour law is a bit controversial. Technically if you are still within notice period you are an employee of the company and cannot work for another company but in reality most people dont care and companies wont pursue as they have no way to find out unless you are working for their competitor. And i shouldnt have inform my company of my new job either.

My question is now that my company knows that i have a job at hand what can they do to find out if i started new employment within the notice period?

(edited 4 years ago)

Reply 1

doodle_333

how would they even find out? just don't post on fb or anything you started

Reply 2

HucktheForde

Original post by doodle_333

how would they even find out? just don't post on fb or anything you started

i dont know. thats why i am asking. My manager seems hellbent at not letting me start my new job during the notice period. Will they hire a private investigator or something?

Reply 3

doodle_333

Original post by HucktheForde

i dont know. thats why i am asking. My manager seems hellbent at not letting me start my new job during the notice period. Will they hire a private investigator or something?

no they won't do anything

tbh even if they find out what are they gonna do? you've already left

Reply 4

Reality Check

Original post by HucktheForde

I called up my lawyer friend and he said this part of labour law is a bit controversial. Technically if you are still within notice period you are an employee of the company and cannot work for another company but in reality most people dont care and companies wont pursue as they have no way to find out unless you are working for their competitor. And i shouldnt have inform my company of my new job either.

This is the pragmatic and important bit. Technically yes - you can't start work elsewhere whilst you're serving your notice, but most places don't care for practical reasons - there is no benefit to either party to enforce this. However, were you to require a reference during this period, your old company could well put in something about you working out your notice until date X.

Does your old company know of where you're moving to, and are there any outstanding referencing requirements?

Reply 5

HucktheForde

Original post by doodle_333

no they won't do anything

tbh even if they find out what are they gonna do? you've already left

They can sue.

Reply 6

HucktheForde

Original post by Reality Check

Nope for both.

However my company is low on manpower now and i am really leaving at an inconvenient time. My manager offered me cash for the annual leave if i serve full two months with no offset. I declined and shes obviously not impressed. i got a feeling she is motivated to find out if i did start work during the notice period and seek vengeance..

Reply 7

doodle_333

Original post by HucktheForde

They can sue.

this takes a lot of work and won't fix the problem, the likelihood they bother is next to nothing

however if you're really stressed just work your full notice

Reply 8

Reality Check

Original post by HucktheForde

Hmm, in that case you've got to make a judgement call. I personally think it would be unlikely for them to start legal action against you, for what is really a trifle, but if you don't want to take that risk then you're going to need to sit it out until you can 'legally' start elsewhere.

Me personally - I'd take the risk. But only you can make this decision.

Reply 9

HucktheForde

starting my new job tomorrow. I am anxious lol

Reply 10

Catherine1973

In theory they could refuse to allow you to take holiday whilst in notice ( I have seen this many times in contracts) so it gets paid out.
But sounds like they have approved the holiday so have accepted what you are doing.

Reply 11

Apachecow

If you worked for me I wouldn't have let you take all your leave at the end of your notice, so you were working a few days in the last week.

You signed a contract knowing what was involved, a new job should understand a 2 month notice period. If someone was coming to work for me and they had notice but were willing to ignore their previous contract - will they respect the new one? It's about honesty and integrity.

If found out they could easily dock your pay, and there may be other consequences - eg hiring temporary staff that they could bill you for. Read your old contract carefully.

Reply 12

Emma:-)

Entertainment Forum Helper

Original post by HucktheForde

starting my new job tomorrow. I am anxious lol

Has your old company already given a reference for your new job? If they have already given a reference then you have nothing to loose.
Just dont give your old employer any details about your new employment E.g. when you start etc etc etc. Dont put things on facebook etc.
Check your old contract to see if it says anything about leaving.