[Closed] Starting a new job before finishing the previous one...

What's the worst that could happen, the old job fire him?

In this wfh climate, I'd potentially look to run two jobs in parallel for the 4 weeks in question - clearly putting more effort into new job and the old one *just* enough effort not to get sacked.

God no that's a terrible idea. They probably won't sue him for breach of contract or whatever, but they might.

Its typical to tell the new employer what your notice period is at the contract offered stage and accept a start date in line with that.

Does he have any holiday he can take to essentially end his employment earlier?

Best bet is to go back to new employer and discuss a revised start date.

I'd be telling my current boss the date I will be leaving, and that's that. They could, in theory, sue for breach of contract, but it's very unlikely.

It is a bridge burner though, he needs to be sure he'll never want to work for or with them again

Advise against. Its never wise to leave anywhre on bad terms and just calling in sick will annoy his ex colleagues.

If the new firm really want him they will wait, or comprimise and do some work for them in the evenings and weekends.

He could just tell his current employer he is leaving in 4 weeks.
If they don't agree, then there is actually limited action they can take. They could sue him, but they would need to prove financial loss which was directly due to him not honouring the contract. The fact that he broke the contract is not in itself important, it is proving s financial loss as a consequence that is needed before the company actually gets any comeback.

I saw this from the sidelines in s previous company. The CEO was incandescent that one of her staff just walked out and there was nothing she could do. The HR consultancy took a while to persuade her that she just had to suck it up.

All the above is just the legal side of course. Morally is a different kettle of fish

Doesn't sound right to me...more likely to end badly that smoothly. As mentioned, they need to have a chat with new employer and get a revised date (which may involve new employer chatting to old employer to arrange something).

I'd see if the new employer could wait. If not I'd go with stating your leave date and burning that bridge.

I'd do what your mate is proposing. If his current employer is being that much of a dick about it, a doctor's note for stress isn't going to be difficult to get.

It will get messy re tax and dates on P45s etc.

It’s breach of contract. If they can demonstrate how it has harmed them financially they are able to take legal action.

If he is a pro footballer leaving for a rival team he’s in trouble. If he’s on min wage doing something generic it’s unlikely they will do much. If he’s somewhere in between he’s better negotiating a compromise between both parties e.g 6 weeks, or seeking proper legal advice.

For sure I wouldn’t claim sick and work elsewhere. If his current employer were bloody minded enough they could accuse him of fraud, particularly if he were getting paid for it.

I agree with a few others. Have a chat with new employer first, then current employer and if all else fails simply hand in their notice saying I will be leaving on X date, that being the final date of my employment with you...

Might get their backs up and yes, technically it’s breach of contract but unlikely to go anywhere.

We really need more info, as in what's the job?

If he's WFH then could probably spin both jobs, but if he's a shop worker etc it ain't gonna happen.

The law/contracts etc are something to worry about afterwards 🙂

Its just a terrible idea that won't satisfy anyone. It can only end badly. It really is the worst of all options.

He could work 4 weeks notice then walk
He had agree a later start date with new job
He can split the difference and negotiate 6 weeks end/start

As a boss I would not be impressed by a new start who was prepared to be so dishonest to his old employer. Your mate just needs to grow a pair and work it out, not hide behind a false sick note.

I'd not do that.
I think I'd likely tell me current employer that I intend to leave after 4 weeks and wish them well. if they kick off from that then it's over to the new employer to delay start date.
8 weeks notice suggests he's reasonably senior so I'd have thought the new firm would wait if you explained why.

He's missing a trick. He could immediately go on long-term sick for stress at the new job and go get a third one. Rinse and repeat, he could have like twenty full-time jobs, more!

Are we seeing the problem yet?

The way out here is that unfair contract terms aren't enforceable. Otherwise an employer could have you on a ten years notice period. Why is he on eight weeks notice? If it will genuinely take them eight weeks to replace him, say he's a director or a consultant or something (relatively) important, then he should do the right thing and work the agreed period. Doubly so if he's in an industry or position where reputation might be important. What if previous employer blew the whistle on him to new employer? Does this sound like desirable behaviour in someone you've just hired? If it were me I'd rescind the job offer.

If on the other hand he's a ten-a-penny shmoe then eight weeks is ludicrous and he just needs to go "I'm leaving in January, bye!" without requiring any nonsense.

Also,

What's he planning on telling HMRC?

What’s he planning on telling HMRC?

not sure that's a problem...you're allowed to have more than one job at a time as long as you pay the right tax on each

I've done this before, though first job had me on garden leave. Nice to get paid twice!

Yes I have done this 20 years ago, just wanted the new job and sort of over promised my availability at the interview so was offered it. Reference was my old boss who knew what I was up too, so we d probably both be fired now.

Yes, double bubble for 1 month is brilliant.

Deffo burnt my bridges but had zero intention of ever going back.

So what illness is your mate going to fabricate to “go off sick” for a month with? Or is he just going to not turn up for work at his old job?
I really hope he doesn’t waste a doctors time cooking up some story to get a sick note. We have got better things to be doing you know...
Why can’t he just be an adult and tell his new employer that he isn’t free to start until his notice is served? My daughters boyfriend just had this exact scenario- I think in the end he is using up some of next years holiday and starting new job 2 weeks later than planned.
Better than telling lies surely? What if new job is crap and he wants to go back...

Thanks for the help, all. I've used all this to reinforce my "rule #1" argument, so we'll see what he chooses to do, I guess!

On top of that and didn't see but I don't think it's legal to work whilst signed off even if you are not getting money for it. The employers liability would also likely be invalid

Depends on lots of factors, does the company have the resources to take legal action? what kind of contract did he sign? does the company have a vindictive streak?
I'd say it would be best just to be honest with both parties and try to come to a middle ground agreement, i.e. move after six weeks.