Legal wording... redundancy agreement?

[moomoo312]

Hoping someone will know this. I've searched old posts and can't quite find the answer.

I working three months notice for my voluntary redundancy. My fully signed agreement states that I cannot "have taken employment with any person, firm, etc.... "by the date I leave. My solicitor seemed to think I was entitled to apply and go for interviews in the meantime but just not start a new job. I'm a bit confused as to what "taken" actually means here legally. No restrictions apart from this clause.

I've seen a perfect new job but the interview process and decision would be taken about one week before the end of my notice period. I know I'm allowed to apply, interview... but on the wild chance I was offered it, could I accept? I would be wanting to start a couple of months later anyway as I really wanted a few weeks to breath.

Could I accept but not sign until the day after my contract runs out with current employer? Or should I just not bother unless interviews are post-leaving. Does anyone know? I suppose worst case scenario is I lose my right to my payout.

Thanks in advance

You have a solicitor and have asked them, so why are you asking on here? They have read the contract

@BritInUS1

You have a solicitor and have asked them, so why are you asking on here? They have read the contract

+1. Why would you value the opinion of anonymous strangers, who might have no knowledge of employment law for all you know, over a qualified solicitor whose advice you are paying for?

Yes you can apply but you can’t start (signed / dated the contract) until your notice is up would be my interpretation.

Apply for the job. Accept it. Your solicitor has already confirmed.

@LemonTT

Yes you can apply but you can’t start (signed / dated the contract) until your notice is up would be my interpretation.

Yes, me too. Thank you.

PP... I wasn't double checking my solicitors advice. I know I can apply. And not "take". I suppose it was the timeline I was querying really. I think I worded it badly/rambled.

If the final interview is 10 days before the end of my current contract... it's a bit of a pickle. I suppose I was musing as to whether it was worth applying in these circumstances. If they offered it me, could I explain my situation and accept verbally I wonder, and then "sign" ten days later. I didn't ask my solicitor at the time of sorting all of this out as I didn't expect to be applying for a job until I'd finished... but, typically I've now seen something very very tempting!

Just apply. It usually takes a couple of days for them to verbally offer you the job subject to references. Then they need to get references and do ID checks before formally sending you a contract. That will take a bit of time. You can ask questions about the offer as well, verify the terms and conditions.

Or just be upfront and tell them the date you can sign on and start.