Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you confirm whether the new employer will be paying on the 15th October or whether you are referring to your existing employer? Thank you
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all
Many thanks for your patience. It is entirely possible for you to terminate your current employment whilst on ML and to serve your notice period before you are actually expected to return to work. So you could serve the notice period whilst still officially on ML. If you wish to start work elsewhere in the meantime, then it is not illegal to do so but this would be subject to a couple of considerations:
· If you have any SMP payments that are outstanding before you start the new job, then you will lose your entitlement to these. So if you do not want to lose any SMP you are due, you may wish to delay starting the new job until a time when these payments are no longer due, or just risk losing them and any future SMP payments from the current employer. Please note that what matters is when the SMP payments were due (i.e. for which week they were to be applied for), not when they are due for payment – so if for example the last SMP payments were due for the last week of August, once you have gone past that you are free to start a new job without risking losing it, even if payment for this was at a later date.
· You are still going to continue being their employee until your notice period runs out so you must ensure that there are no contractual restrictions preventing you from holding a second job whilst employed by them, seeing the employer’s consent before you do so. Check to see if these apply so that you are not accused of being guilty of misconduct.
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