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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2239
Experience:  Dual qualified Solicitor and Attorney
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I have an employment question, Yes discussed with manager

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I have an employment question
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Yes discussed with manager and HR
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a question around notice period and whether possible to start with another firm before notice period up, or alternatively work on goodwill basis at new firm while paid by old firm
Customer: replied 5 days ago.
Answer?

Hi thank you for your message, yes you could start in a new firm whilst your notice period ends such as being paid in lieu of notice or using holiday to finish the end of your notice period whilst you start at the new firm. You can of course work on a goodwill rather than paid basis which would be easier if you wanted to wait for your p45 before being paid at the new firm which you would not get until your notice ends at the old firm. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

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Customer: replied 5 days ago.
It is I take it illegal to start at a new firm before notice served at your last (and P45 issued?). My existing firm are not obliged to reduce my leave by outstanding holiday days I assume (not sure they would) or paying me in lieu of notice? They are a large bank and they are fairly rigid on notice periods as I understand it, unlikely to shorten it for legal reasons? If that is the case my only option is to work on goodwill basis, correct?
Customer: replied 5 days ago.
Have rated you 5 stars!
Customer: replied 5 days ago.
Your comment: 'you could start in a new firm whilst your notice period ends such as being paid in lieu of notice or using holiday to finish the end of your notice period whilst you start at the new firm'... you are talking about my old firm voluntarily reducing the notice period or letting me go early as I have untaken leave? I cant legally start early if have leave to spare or request they shorten if they pay in lieu?

Hi thank you for your message, your old firm would need to agree to you using your holiday in lieu of notice yes but if they do not agree to you using your holiday they may end up having to pay you for your holiday so it may be good for them but if not then you need to work your notice or work on a goodwill basis only with your new firm. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

Apologies, ignore the last part thank you for rating me already!