Maternity leave & redundancy notice

[cal2022]

Hi All,

I'm currently on maternity leave and have been aware from the start of it that I wouldn't be returning to work after the maternity leave as my company are pulling out of their current location. They are closing in December and I am due back to work in November (assuming I don't take unpaid maternity leave). They have advised that I wouldn't be required to return to work in November and would just be given 'garden leave' and paid in lieu of notice for the 2 months notice I should receive (starting in November).

I have applied for another job and have a second interview for that next week and they are looking for someone to start as soon as possible. My availability could be the difference between getting the job and not getting the job as there is another person interviewing who would be available sooner.

I was talking to my HR dept yesterday in relation to notice periods etc, I had hoped that I could finish my maternity leave on the Friday, they would pay me in lieu of notice and my redundancy from that date and I could start the new job the following Monday.

HR have said they're not 100% sure but they think I need to be officially back on the 'normal' payroll before I can be made redundant, and they've also said that they think they would need to give me minimum 2 weeks notice before being able to pay out on the redundancy. They still wouldn't require me to go back to the office during this 2 weeks though.

I didn't go into too much detail with them as I still haven't gotten the other job so didn't want to push it, but if I do get the other job can I waive my right to the additional post maternity leave notice of 2 weeks (whilst still getting paid for 2 months 'garden leave')? They would be paying the notice and redundancy payment in one lump sum on my final day rather than paying it over the actual 2 months of notice.

Also, if they wouldn't sign me off their books early, generally would there be any issue with me taking up the other job and effectively being employed by two companies for the 2 overlapping weeks? I'm guessing that's down to the individual companies but anyone have any option on it? They're both fairly big multi nationals.

Thanks!

 

[Mrs Vimes]

There should be no problem with having an overlapping period - many many people have 2 or more employers at the same time.

If your soon-to-be-ex employer wants to pay you as well while you work elsewhere, let them and be thankful.

With regard to your new employer, you won't be in a position to give them a P45 for the first couple of months so instead ask for their employer's PREM number and ring PAYE to set yourself up with nil credit or rateband (assuming you are on the higher tax rate) and balance up with after year end to recover any overpayment, which probably just means December anyway.

If you don't want the new employer to know you are still being paid by the old employer they don't have to be told, just tell them you don't currently wish to allocate any credits to them. A large multinational is unlikely to get nosey.

Do not let them put you on emergency tax as you will then be using your personal credit and rateband in both jobs and will end up with an underpayment.

 

[cal2022]

Thanks for the advice, will save that for if the new job works out!
Originally was panicking thinking I might lose out on the job but then thought about being able to 'work' for both at the same time.

Do you think I should disclose to my current employer that I'd be starting the other one before i officially finish with them? Don't want to jeopardise that redundancy payment as that's more than a years wages - although maybe if I do tell them they'd say no and I'd be stuck then.
Ah I'll worry about it if the second interview goes well. At least the option is there.

Yes hopefully tax could be sorted out after December. I'm expecting with getting 2 months paid leave, a month holidays and my redundancy that I'll be creased with tax for a while but I shouldn't complain, especially if I can find another job quickly.

Thanks again.

 

[Mrs Vimes]

Do you think I should disclose to my current employer that I'd be starting the other one before i officially finish with them?

I think it would just be looking for trouble. Where you spend your days when you're not supposed to be at work is not really their concern.

You may need to make sure that your "gardening leave" doesn't have any terms and conditions which prevent you from working for competitors or such, but if it is a redundancy situation it is unlikely (I think).

Best of luck with the interview!