Starting New Job Legally

Summary

It is legal to finish with one employer and start with another on the same day in the uk, provided you adhere to your contractual obligations. Verbal agreements for early release can be binding but are harder to prove, so confirm them in writing. If your employer does not agree to early release, you are bound to serve your notice period, and quitting without agreement may lead to breach of contract claims. Employers are unlikely to pursue damages unless significant losses occur. Document all communications to avoid disputes.

Full Conversation

Rhys
Hello Rhys! How can I assist you with your legal issue today? Could you provide a brief overview of your situation?
Can you advise me on UK employment law?
Hi Rhys! I'd be happy to assist. Could you please provide more details about your employment issue, such as whether it concerns dismissal, discrimination, pay, working hours, or something else? This will help me give you tailored information.
I want to know the legality in finishing with one employer and starting with another on the same day
Hi Rhys! In the UK, there's no law preventing you from finishing with one employer and starting with another on the same day. However, consider:
- **Notice Period**: Ensure you’ve served any required notice period in your current contract.
- **Restrictive Covenants**: Check for clauses like non-compete or confidentiality agreements that may restrict your new employment.
Does your current contract mention any such restrictions?
I have verbally agreed early release with my manager
Hi Rhys! Verbal agreements can be binding but are harder to prove. To avoid disputes:
- Confirm the early release agreement in writing.
- Ensure you and your manager are clear on the final working day.
- Check your contract for clauses on notice or restrictive covenants.
Would you like advice on drafting confirmation?
What if I am unable to get the agreement in writing prior to starting with my new employer
Hi Rhys! If you cannot get the agreement in writing, consider the following:
- **Document Communication**: Keep records of emails or messages discussing the agreement.
- **Witnesses**: If any colleagues were present during the verbal agreement, they might serve as witnesses if needed.
- **Clarity**: Ensure you and your manager have a mutual understanding of your release date.
Would you like advice on what to include in a follow-up email to your manager?
So if I finish with my current employer on 7am Monday, then start with my new employer on the same day at 9am, there's nothing in the law to prevent me from doing so?
Hi Rhys! Legally, there is nothing preventing you from finishing with one employer at 7am and starting with another at 9am the same day. However:
- Ensure your early release is agreed upon (preferably in writing).
- Verify your contract has no restrictive covenants impacting your new role.
Would you like guidance on restrictive covenants?
What if my employer don't formally agree to early release?
Hi Rhys! If your employer does not formally agree to an early release:
- You are legally bound to work your contractual notice period unless mutually agreed otherwise.
- Leaving early without agreement may risk breaching your contract, leading to potential claims for damages.
- Consider negotiating further or offering a compromise.
Would you like advice on approaching this negotiation?
What would happen if I just quit
Hi Rhys! If you quit without serving your notice period or obtaining agreement:
- **Breach of Contract**: Your employer could potentially claim damages for breach of contract.
- **Final Pay**: They may withhold unpaid wages or benefits, depending on your contract.
- **References**: This could affect the reference provided to future employers.
Would you like advice on mitigating these risks?
How likely is it that they would claim damages
Hi Rhys! The likelihood of your employer claiming damages depends on factors like the inconvenience caused, financial loss to the business, and your role's importance. Employers often avoid legal action due to costs and time. However, they might deduct damages from your final pay if justified. Would you like advice on negotiating a resolution?
My manager has verbally agreed to earlier release and said that my last shift can be tomorrow
Hi Rhys! If your manager has verbally agreed to release you early, ensure you document this agreement by sending a follow-up email confirming the discussion, including your last working day. This helps avoid any future disputes. Would you like advice on drafting this email?