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Your questions answered: Can an employee start working for another employer during an in lieu notice period?

By Portner Press on July 10th, 2019
  1. Employee Management
  2. Employment Contracts

Q
If an employee resigns, and the employer decides to pay the notice in lieu, can the employee start work for another employer during the in lieu notice period?
A
Generally yes, if the employee resigns and the employer chooses to entirely pay out the notice period then the employment relationship ends immediately. The employee is no longer employed and may commence alternative employment unless there is a post-employment restraint.

Alternatively, in some circumstances the contract provides an entitlement to place the employee on ‘gardening leave’ instead of paying out the notice period, where the employee will still be employed but directed to stay away from work during the notice period. This prevents the employee working for another employer during that period.

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