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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I am currently on maternity leave and don't want to go back

Resolved Question:

I am currently on maternity leave and don't want to go back to my previous role, so have found another job. However I know my old role no longer exists due to a total restructure and the team is at full capacity. I am therefore considering first angling for redundancy instead of resigning immediately. However my new role starts on 5 Jan and I can't approach my boss about redundancy until he returns from holiday on 1 Dec. Given the time it will take for him to then discuss my request internally, I risk any redundancy discussions not being concluded by 5 Jan.
Two questions, therefore - i) can the typical 30-day consultation period be shortened by mutual consent? ii) if a redundancy was initiated but the end of the consultation period was not until after 5 Jan, could I start working for the new employer on 5 Jan anyway (on emergency tax, presumably, until I got my P45)? I am guessing that strictly speaking this would be breach of contract, although my current employer would be unlikely to pursue it bearing in mind I am currently on maternity leave and therefore not in the office. However, is it illegal (eg with HMRC) to have two full-time employers for an overlapping period?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

1. Yes it can, you may be asked to enter a settlement agreement in order for the employer to agree to this so they are sure you will not then bring a claim for failure to properly consult.

taratill :

2. Yes but if your employer found out they would not have to pay you redundancy pa.

taratill :

3. I think I have answered this above. As HMRC would be aware and you would be on emergency tax you would not be breaking any laws in that regard.

taratill :

if you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you an all the best.

Customer:

Hi,

Customer:

Thank you for your prompt and helpful reply. I am thinking, on reflection, that if my new employer took up references during the notice period, as they would be sure to, my old employer would find out and redundancy payment would no longer be due.

Customer:

I expect that any request for a reference would state that the new company is planning to employ me from x date, and the whole situation could become tangled. I may therefore just do the honourable thing and resign!
Incidentally, those on maternity leave are typically owed payment for bank holidays accrued during their absence. If I gave notice and said I wished my last day to be eg 2 Jan, would I be paid for the bank holidays between the date of resignation and my final day (eg: Christmas, New Year)? Many thanks for your assistance.

taratill :

Unless your contract says otherwise you should be paid for those dates otherwise you can claim it amounts to a breach of contract/ unlawful deduction from wages.

taratill :

Please do remember to rate my answer as I am not otherwise credited for my time. I will happily answer your follow on questions.

Customer:

Thank you very much for your assistance.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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