Notice period and changes which were verbally agreed

[Mrdoosee]

Seeking a bit of advice here, 10 days ago I pit in my notice for 6 weeks requesting to leave at 4 weeks and have had no written response until day 8 where I was told verbally that I could go earlier should my handover be handled effectively and team members are confident with what They are dealing with.


I then told my new employer I could start earlier, to be told no we want you to do the full 6 weeks.

Since putting my notice in I have had my main workload removed and am literally thumb twiddling as Ive already done a handover.

The reason I am leaving is that I have had a significant cut to my bonus in addition to more work being added to my role and Upon raising the stress levels with my seniors it was brushed off - I did so but ended up looking elsewhere!

now during this time I hadnt spoken to a GP but have since done so and they are happy to sign me off, I can afford to go on sick pay as I have some savings and dont have any clauses in my contract about second jobs.

some questions…

1. Can I go off sick during notice period
2, can they reach out to my new employer without my consent? - they dont need references
3. can my current employer withhold pay that I have earned for this month to date
4.i was under pressure to reveal who I would end up working for and felt pressured to do so
5. Can I start at my new job during official notice period whilst off sick?

[MIKE770]

ULA may be able to advise?

[Law Student 6]

Thank you for your enquiry.

1 - The short answer is yes, you can be off sick during your notice period and you will be entitled to receive your normal rate of pay, contractual sick pay or statutory sick pay unless you have exhausted this already prior to your notice period commencing.

2 - He can contact your new employer, but if he defames you or interferes with your employment he is exposing himself to being sued by you for defamation. Therefore it is best to always be truthful.

3 - An employer cannot lawfully deduct money from an employee’s wages unless the employee has agreed, in writing, that the employer can do so. Write to your employer and state that you are owed overtime, state what is owed to you and when it should have been paid to you. Include supporting evidence e.g. timesheets, overtime policy, contract etc. Provided the overtime is properly payable to you then you can make a claim for unlawful deduction of wages against the Company.

4 - Most of the time you do not have to disclose your future plans, even if going to a competitor. Unless you have signed a non-compete clause, there is nothing that prevents you from accepting employment with a competitor, and therefore, nothing that compels you to disclose this information to your current employer.

5 - Unfortunately not as this would be untruthful. You’ll have to get your GP to sign you off to return to work.




Hope this helps!

[ULA]

hi Law Student 6 please do not forget to tag Celestine and ULA on your posts.

The answers provided by Law Student 6 are correct although just one point for clarification.

2. Defamation proceedings would not really be appropriate. I am not sure what the need would be for your current employer to contact your new employer if a reference has not been asked for. If for whatever reason this happens, which then causes an issue, your first course of action will be to try and find out from the new employer what was said. Hopefully this situation will not arise.