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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I'm currently on maternity leave and due back to work on

Resolved Question:

I'm currently on maternity leave and due back to work on October 10th, I'm handing my notice in there on September 10th. I have been offered new employment to commence on the 15th September however I will not be paid until the 15th October. What are my options. Thanks.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

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

Customer: replied 10 months ago.
New employer thanks.
Customer: replied 10 months ago.
I will also be due my last maternity pay on 30th September.
Expert:  Ben Jones replied 10 months ago.

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.

Customer: replied 10 months ago.
Thanks
Expert:  Ben Jones replied 10 months ago.

No problem at all

Expert:  Ben Jones replied 10 months ago.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 10 months ago.
Thanks for your help and advice I now know where I stand.
Expert:  Ben Jones replied 10 months ago.

You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Customer: replied 10 months ago.
5 rating.
Expert:  Ben Jones replied 10 months ago.

Thank you

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