Finding new employment during your redundancy notice period is excellent news - but it creates practical questions. Can you start immediately? Will you lose redundancy payment? Can you negotiate early release? Richard O'Shea Solicitor helps employees navigate this situation to maximize both redundancy entitlements and new job opportunities.
The Legal Position
You have three main options when offered a new job during notice:
Option 1: Work Full Notice Period
Tell new employer you cannot start until notice period ends. Most professional employers understand this - honoring notice shows integrity.
- Pros: Keep full redundancy payment, maintain good relationship with current employer
- Cons: Risk losing new job if they need immediate start
Option 2: Negotiate PILON (Payment in Lieu of Notice)
Ask current employer for immediate release with payment in lieu of notice. This allows you to start new job right away while receiving full notice pay from current employer.
- Pros: Start new job immediately, receive full notice pay + redundancy
- Cons: Employer may refuse if your contract doesn't include PILON clause
Option 3: Waive Notice Period
Give up notice pay to start new job immediately. Only consider this if new job pays significantly more or is urgent opportunity.
- Pros: Start new job when needed
- Cons: Lose notice pay (potentially thousands of euros)
Will You Lose Redundancy Payment?
No - your statutory redundancy payment is protected. Getting a new job during notice does not affect your redundancy entitlement, provided:
- The redundancy itself is genuine
- You don't resign before notice period ends
- New job is with different employer (not internal transfer)
✓ You Keep Full Redundancy If:
- You work full notice period then start new job
- Employer agrees PILON and you start new job during paid notice
- You're on garden leave and find new job (still employed during garden leave)
Negotiating Early Release
Most employers will consider early release with PILON when you have new job lined up. Here's how to negotiate:
Negotiation Strategy:
- Inform employer promptly: Tell them you have new job offer requiring earlier start
- Request PILON: Ask for immediate release with full payment in lieu of notice
- Emphasize mutual benefit: They save having disengaged employee working notice; you can transition smoothly
- Offer handover: Propose compressed handover period if needed
- Get agreement in writing: Confirm PILON amount and redundancy payment in writing
Richard O'Shea Solicitor negotiates PILON agreements to ensure you receive full notice pay plus redundancy while starting your new role immediately.
Garden Leave Scenarios
If you're on garden leave during notice (employed but not working), finding new job creates specific considerations:
- Still employed: You cannot start new job while on garden leave without employer permission
- Request early termination: Ask employer to end garden leave early so you can start new role
- Compromise: Employers often agree since garden leave cost continues if you stay
What Not To Do
❌ Don't Resign
If you resign to start new job immediately, you forfeit redundancy payment. Let employer terminate employment through redundancy process.
❌ Don't Start New Job While Still Employed
Working for new employer while still employed by current employer (even during notice) breaches employment contract and could result in dismissal for cause - losing redundancy.
❌ Don't Accept Unfair PILON Calculation
If employer offers PILON, ensure it includes salary, bonuses, commission, and benefits - not just basic pay.
Got New Job During Notice Period?
Get expert advice from Richard O'Shea Solicitor on negotiating early release while protecting your full redundancy entitlement.
Expert PILON Advice