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COVID19 - Are staff allowed to take on other work when furloughed from full time position?

Hi

I have a query about a member of staff who works 40 hours for us (full time).  He has been furloughed but has informed us he has been offered another job.  He says it's more likely to be 10-20 hours, rather than 50 hours (!) but it's to make up the shortfall in his salary ie the 20%

Can anyone advise is there any liability likely to come back to him or us, as his current employer?  My view is that the CJRS is to support employees, not for them to make money from the enterprise.  I appreciate that as he is not actually working, if he took on other work it would not conflict in reality with any Working Time Directive - as he is not actually undertaking any work for us - and will therefore be able to get his breaks/rest time etc.

It may be that it will just all get sorted through his tax, eg we complete the online portal with our information and one assumes that his other company (unless cash in hand) will also do the same.

I just wanted your thoughts, and whether I should include something in his furlough letter to say that if there is any HMRC / Tax liability (eg reclamation of some of the 80% subsidy that we as a company are not liable for it, but that he accepts this liability.

I know that people can work and be furloughed or not from two part-time jobs, but just wondered if this was different as he is employed full time by us?

Many thanks

Geraldine

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  • There are a number of threads asking this exact same question if you do a search.

    Consensus is they can.
  • In reply to Keith:

    Hi Keith
    Thank you for pointing me to the previous threads.
    I think the consensus and the wording from HMRC is that if someone has two part time jobs, this is not a problem, when one is furloughed it is possible to work the other. Especially if both jobs exist already. Also if someone took a 2nd part-time job also not a problem.
    My concern is someone is furloughed for a full time position. One Chartered Member has agreed that there is not the intention of the CJRS for someone to "profit" and another member has suggested this could be considered akin to "benefit fraud" possibly, so I suppose I am just going to have to wait for official CJRS clarity.
    Many thanks
  • In reply to Geraldine Lia:

    I can’t see how HMRC will ever be able to check this anyway. The difficulty with Waiting for exact guidance is it’s unlikely ever to come or at least swift enough.

    Personally I won’t be standing in people’s way at this time.
  • In reply to Keith:

    Thanks Keith :)