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redundancy and new job

(30 Posts)
tashialily179 Thu 25-Jun-15 16:47:32

I currently work full time and have been sicked off sick with stress from this job for 5 weeks. I am signed off for a futher 5 weeks. It is work related stress so other than that I am fit for work.
I found out that I am being made redundant on the 1st august my sick note carries me up until the 26th july and then I have booked holidays so I will never have to go back into that job.
I have found a new job that wants me to start on the 6th july.
They are not going to contact my current employer for references and do not need my p60.
I am wanting to start work at my new job and just not tell my old employer this and claim my redundancy.
I know this sounds bad but they have put me through absolute hell and for the sake of three weeks I don't think it is fair that I should miss out on a massive lump sum of money.

I know I shouldn't do this but I'm wanting to know if it's possible?
Will my old employer be able to find out if I'm working somewhere else?
I will be paying the right amount of tax etc.

I don't need opinions wanting answers off anyone with experience or facts.
Thanks so much.

DownWithThisTypeOfThing Thu 25-Jun-15 16:54:40

I knew someone who this happened to - somebody from her existing place of work told her current employer about the new job. It was done out of spite. The redundancy was withdrawn. I was amazed it was legal.

The person was a nasty piece of work but I'm still shocked that someone would do that.

If I was you, I would tell absolutely no-one.

Having said that, are you sure you'll be paying the right amount if tax given the first £30k? Of redundancy is tax free and technically if you shouldn't be entitled to that redundancy payment then you shouldn't be entitled to the tax break on it either.

I'm guessing really so no help! If you don't get an more concrete replies on here there is a good redundancy forum on MSE.

tashialily179 Thu 25-Jun-15 16:59:41

thanks so much for the reply. Yes definitely won't tell anybody.
I know i shouldnt do it but my new job and old job would over lap by three weeks and too loose such a large amount of money for that would be heartbreaking.

DragonWithAGirlTattoo Thu 25-Jun-15 17:03:07

I wouldnt risk it personally - Can you speak with your old company and see if they will release you early

You also would most likely need a fit for work certificate as well if you are signed off til 26th July....

LIZS Thu 25-Jun-15 17:06:52

You would jeopardise the redundancy payout and breech the contract. Better to reach a compromise with current company. Most will let you go early as long as it isn't to a direct competitor and it may adjust the pay. However would question if the stress will really resolve itself in 2 weeks enough for you to make a good fresh start.

lilyflower179 Thu 25-Jun-15 17:29:25

They won't release me early I've asked.
I'm fine stress wise now as I am not working for that company. I am fine to work elsewhere.
I just don't know how they would find out, I suppose thats what I'm asking really.

LIZS Thu 25-Jun-15 17:38:58

Won't your new employer need to see your p45. Don't you think it would dishonest (at best) to accept sick pay while working full time elsewhere.

DragonWithAGirlTattoo Thu 25-Jun-15 18:01:17

If I was employing a new member of staff, who acted like this (dishonestly) I would be pretty disgusted they were so dishonest.

Wont your new employer wait?

DragonWithAGirlTattoo Thu 25-Jun-15 18:01:43

and of course, you are still signed off sick

lilyflower179 Thu 25-Jun-15 18:08:35

I didn't ask for judgement you have no idea what the company has put me through.
As stated previously my new employer won't wait and don't need a p60. They know all about my situation and know all the horrible things I've been through so have encouraged me to do this.
I wanted legal help and advise about if my old employer would find out I didn't ask to me made to feel worse about my situation.

lilyflower179 Thu 25-Jun-15 18:09:25

And I know i am signed off as sick but I am sick because of my old job. I am not bed ridden.

addictedtosugar Thu 25-Jun-15 18:16:34

Please don't do it. The tax office may ask questions regarding employment, and flag it up to current employer.

Possible routes:
talk to current employers regarding early release, given you will not be returning anyway (maybe offer them that you agree to no holiday accrual, or they only pay you redundancy and notice period???)
tell new employers you can't start til after your holiday, and wok wont release you early.
take a risk, and cross your fingers. Can you afford to loose the redundancy pay for 3 weeks work?

DragonWithAGirlTattoo Thu 25-Jun-15 18:24:43

I think technically as you are still employed by firm(a) if you tried to work for firm(b) it would be against your contract, and again if firm a found out later, you would be in breach of contract and would claw back their funds (which would be worse than you never getting them)

Your new employers are ok with this? In this case, maybe they could have you 'off books' or something or maybe a 'pre contract, when you do some work for them..' If you REALLY want to work for them, maybe dont sign the contract til your leaving date (do you have to sign before?)

If you try it, i would put all your redundancy into a savings account that you cant touch just in case your old company find out?

Whats the ballpark of redundancy you are expecting?

lilyflower179 Thu 25-Jun-15 18:29:51

I've not asked them about early release, I doubt they will but I suppose it's worth a try.
I can't afford to loose it but then there's the risk of not being able to find a job after i'm made redundant which is what is stopping me turning this new job down.

DragonWithAGirlTattoo Thu 25-Jun-15 18:30:37

If you got signed back as well - would old company also be expecting you to come back?

Shame they seem to be shitheads, life would be so much easier if people were a bit more caring - what difference does it make to them if you go earlier rather than later if you're not going to be going in

lilyflower179 Thu 25-Jun-15 18:31:47

it's about £4000 which I know it's alot but to me at the moment it's life changing.
So If I don't sign my contract until after my redundancy date i'm not officially employed by someone else is that right? Maybe I could ask them if they can delay it if thats the case. I haven't signed anything at the moment.

LIZS Thu 25-Jun-15 18:34:51

I thought you said you had asked. Do approach them as most would prefer not to incur costs unnecessarily and won't hold onto you for the sake of it. There might be a slight adjustment to your pay out amount but your earnings should cover that.

lilyflower179 Thu 25-Jun-15 18:34:53

I know exactly. The way they have done this is totally underhand, closing one department, moving us to another and reassuring us we hadn't lost our jobs then making us redundant within 4 days of being in the new department.
If I could gaunrentee I would get another job within a short period of time after being made redundant I would turn this role down But obviously I cannot gaurentee that.

lilyflower179 Thu 25-Jun-15 18:36:21

I doubt they will release me early, I asked them about it and they said if I get another job before the 1st of august I won't get my redundancy payment.

Nanasueathome Thu 25-Jun-15 18:36:37

Why not speak to your new employers and put your start date back until after you are made redundant from your current employers
Explain to them re the redundancy payment and then see what they can offer

PurplePotato Thu 25-Jun-15 18:39:19

You could always work for the new company for free for a couple of weeks (if they'll allow it), so that officially your new employment doesn't start until your old job ends.

LIZS Thu 25-Jun-15 18:39:25

It is very unusual for a company to demand an immediate start. Many industries are now a month or 3 months' notice. Are you sure they aren't just asking for that because they think you aren't otherwise employed?

BalloonSlayer Thu 25-Jun-15 18:42:23

So, what happens if someone has two jobs? So you work for one company during the week and in a pub at the weekend. Is that not allowed either?

Can't it just be treated as the OP has two jobs for that three weeks?

LIZS Thu 25-Jun-15 19:12:16

Not if it is the same hours. There is often a clause which means you need permission of one employer to work for another, even if no clash.

lilyflower179 Thu 25-Jun-15 19:24:54

I've tried and tried to get them to put the start date back and they won't. They're actually trying to push it forward.
I think I'm just going to have to turn it down and hope to god I find something else soon. I don't think there's anyway round it sad

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