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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45358
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i had aproblem with my previous employer. 1. We have signed

Resolved Question:

Hi
i had aproblem with my previous employer.
1. We have signed an agreement that they could pay me until the end of march and i had finish to work on the company on the 20th of february
2. I have resigned with the leaving date of the 28th of February. The standard one month of notice period wans;t respected, due to the agreement
3 I landed a new job on the 2nd of march
3. i have received the payment of the holidays accruals + all the salary until the end of March on the 13th of march
4. the P 45 states that the leaving date is the 31st of march.
What i need to do?
refound the company for the month of march and aks the leaving date of the 28th of February
what happen with the new company? what are the consequencies for this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Has the employer asked you to pay them anything back?

Customer:

No.

Customer:

i am really worried that the new company can fire me

Customer:

do you need the copies of the agreement and resignation?

Customer:

attachment 1
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Customer:

attachment 2
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Ben Jones :

I am not sure why you are worried that the new company may fire you. If it is because your two employments overlap then that is not in itself something which is wrong or illegal. It is entirely possible for there to be an overlap between two jobs and to be paid from two jobs at the same time. Whether that is an issue will depend on the specific policies of the employers that employ you – so it is best to check these policies to see if there are any restrictions on working for two companies at once. This is not so much of a problem if the old company has such a policy but if the new one does then you would want to advise them that the new company has decided to keep your employment open until the end of March, even though you had resigned and left before that. I do not see this as being an issue, as mentioned this is not illegal and it does not affect the new employer in any way but just be honest with them and tell them what happened – any reasonable employer would not see this as a problem and will just let you start working for them even when you are still being paid by another employer.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

Customer:

Please find attached the contract part other employment related.

Customer:

Full Size Image

Customer:

can you please confirm me that there is not problem at all?

Customer:

Other question: how can justifiy this " error" of the company?

Customer:

do I need also to send the new employer a copy of the resignation letter and the email with which I have sent the letter?

Customer:

thank you

Ben Jones :

due to the existence of that clause you should advise the new employer that you are technically still on the books of the old employer but that you are not doing any work for them as you are on garden leave. This is a standard clause so do not panic too much about seeing it in your contract and as long as the employer knows what is happening and are made aware of this then I would not expect there to be any problems. Also it is not for you to justify the company's error - that is their decision and not for you to have to explain. There is no need to send the documents unless the employer asks for them.

Ben Jones :

Hope this clarifies things for you a bit more?

Customer:

What happens if i dont give them the P 45 that is a document used for the taxation only?

Customer:

It is only a problem of mine for the taxation it is not mandatory for the company. Sorry.

Ben Jones :

it is for tax but they need it to sort out your tax when you start working for them so they may still ask for it - just be honest with them, you have not done anything wrong here

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45358
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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