Navigating Overlapping Employment Dates: Legal and Ethical Concerns for Reference Checks

Hello, I have a question about the legality and ethics of the situation I am in. I have been in the UK for the last 2 years. Before moving here, I was working for a large MNC in India. When I migrated here, I took leave without pay and came here to search for a job. After arriving here, I found a job within 3 weeks and was asked to join immediately. I joined on the 20th of May, and the employer did not ask for a relieving letter. I submitted my resignation on the 18th of May at the MNC in India and received my letter dated 13th June. Now, I am transitioning to another company that places a high emphasis on reference checks, and I am concerned about how best to explain this situation.

My Questions

1. Is it legal to join Company A in the UK while I was on unpaid leave at Company B in India?

2. Would it be considered unethical for me to have done what I did, and will it impact my chances of passing the reference check?

I look forward to your replies. Thanks in advance for the support.

Regards,
DeepInTrouble

Whatever you have done is somewhat unethical if it is included in your employment letter provided by an MNC in India, indicating that during your employment with the company, you are not eligible to work with another company, individual, or partnership on a full-time or part-time basis. Please review that clause. Ideally, the company in India was expected to take action against you if this restriction was included in their appointment letter.

Regarding references, if everything else is in order, provide them with all the necessary details for verification. If any issues arise during the reference check, they will likely request an explanation. As a potential employee, try to make them understand that due to certain circumstances, you needed to move to the UK and stay there. You verbally informed the Indian company about this, and although they were not very willing to release you, they granted you leave and asked you to rejoin if your circumstances allowed. Therefore, you did not submit a resignation previously, and so on.

Thank you.

Hi Seema, I understand that what I have done might be unethical. However, have there been people who have faced this problem and come out unscathed? Do you think that if I were to speak to my previous employer and explain the situation, they would then penalize me or provide me with a no-objection letter? I am just looking for people who have had a similar experience.

Thanks again,
DeepinTrouble

Dear DeepinTrouble, you were on leave (loss of pay) when you came to the U.K. So, you "actually" stopped working since the day you took leave. Meanwhile, you joined a company on the 20th of May. Before joining, you took the precaution of sending your resignation letter to your earlier company on the 18th of May. Now, your company gives you a letter, (supposedly, a relieving letter), on the 13th of June. Now, you are worried that since this letter was dated 13th June, and you had already joined the new company on 20th May; whether you have committed a grave error/sin/crime? Well, suppose your previous company has not issued you any 'letter', or does not intend to issue any such letter in the future; WOULD YOU HAVE REMAINED UNEMPLOYED FOR THE REST OF YOUR LIFE?? Try to find the answer, which will also help you in resolving your dilemma. I do not think any company would be dumb enough not to understand this when you explain these circumstances.

Warm regards.

Absolutely, that's the way I look at the issue. However, it is these reference check companies that I need to deal with where I do not get a chance to explain. So this is what happens:

Employment Dates

At Company A: 10-May-2007 to 13-June-2008
At Company B: 20-May-2008 to 19-Aug-2010

I do hope the company that I am joining is not dumb enough or conservative enough for this.

Cheers again, Raj.
Regards,
DeepInTrouble

You can inform Company C (new company) in advance about the overlapping so no questions arise instead of them asking you. Additionally, you should have asked, or you can ask now, Company A for a relieving letter where the last working date is mentioned as your resignation date (which is usually the practice).

Regards,
Neha

Another option can be:

Employment Dates:
At Company A: 10th May 2007 to 18th May 2008 (Date of Resignation; Relieving letter dated 13th June 2008)
At Company B: 20th May 2008 to 19th August 2010

Hope the above would be useful.

Warm regards.

Hi Neha and Raj, As asking Company A is out of the question, I know it won't happen. As per Neha's suggestion, "You can inform Company C (new company) in advance." What shall I say is the reason for this? The reason needs to hold water. I would really appreciate some good reasons that can help.

Cheers,
DeepinTrouble

Could you please tell me how your issue got resolved? I am also facing a very similar problem. Your insights would be greatly appreciated.

Thanks,

Tiya