Can I start a new job during my notice period?

[moropio]

Hello!
I work for a company that is most probably going to go into administration on Monday.
We already knew about the financial issues, so I looked for an escape early and found a new job. I handed in my notice a couple of days ago, and the duration is a month.
My question is: if the company goes into administration, can I start the new job early and still claim my pay in lieu notice or would I loose that right?
I assume once into administration, salaries will not be paid on time, and it is money we will eventually receive whenever funds are available, therefore, I would rather starting early so I can have some income.
Thanks in advance for your help!
moropio

 

[Gavin Bates]

Hi

If the Company you work for goes into administration then you could have claims for unpaid wages, holiday pay, redundancy pay and payment in lieu of notice.

Obviously it is possible that the Company could continue to trade whilst in administration and therefore may continue to employee you until your notice expires.

However if you are made redundant by the administrator and take the new job early the only claim that would be effected is your pay in lieu of notice. So for example if you started immediately after being made redundant and the rates of pay were the same or more than you would not receive pay in lieu of notice.

I hope this helps.

Gavin

 

[Lisa Thomas]

I think the OP has already given notice himself to leave Gavin so doubt redundancy would apply.

 

[Gavin Bates]

Lisa

Many thanks for spotting that good point.

Gavin

 

[moropio]

Yes, notice was already handed - I was lucky enough to get a job before the boat sinks...
It is now all clear (I think...), but I will finish explaining the situation in case it helps somebody.
The company is finally going into liquidation, all employees made redundant by Friday and we will not be paid anymore (nor we need to come to work) from next week.
As far as I understand, I will get paid in lieu as long as I am not getting any income during my notice period i.e. I do not start my job during my notice period or ask for allowance or others.
It is however in my interest, to start the new job asap so I get paid regularly and on time, since the notice pay may come late. If I am jobless for a period of time between jobs and during my notice left, I should get paid for those days at least.
Please correct me if I'm wrong!
Many thanks for your help!

 

[Lisa Thomas]

Your notice pay will be mitigated by any income earned during the notice period.

So if you are due 4 weeks notice but receive a job after 3 weeks you will only get three weeks notice pay.

 

[moropio]

Many thanks for your reply!
I have just realised that the contractual notice period is one month but the statutory is only one week if worked for less than two years, my case.
In that case, and since I gave my notice last week on Monday, I assume I am not in the position to claim anything at all, am I?

 

[Lisa Thomas]

You would need to take some advice but to my mind you gave the company notice to leave so wouldn't be entitled to anything as you have voluntarily left the company (albeit giving less notice than was contractually required by you).

 

[moropio]

I've been doing a bit more reading and I believe I still should be entitled to a week + holidays left.
I gave a month notice last week on Monday that I am leaving the company (last day of work agreed initially was the 7th Feb). Then (probably on Friday) I will receive a redundancy letter stating that my last day is this Friday (i.e. no notice period from the company).
What do you think?
Thanks!

 

[Gavin Bates]

Hi

I think the point Lisa was making and I agree is that the government could argue that you had already handed in your notice so you are not entitled. But putting that to one side, the government scheme will only pay 1 week per year of service, in terms of notice, and so because you had handed in your notice that week had expired before the Company went into liquidation.

In terms of holiday pay that is a different claim against the government but holiday will be calculated on a prior rota basis depending on who far in the holiday year you are.

I hope this helps.

Regards

Gavin

 

[moropio]

Yup, really helpful thank you.

It is probably not even worth it any claim, as it will be very little money and will take time, but wanted to know anyway. It is the first time i experience this, and hopefully the last one!

Thanks!