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23 Working for another employer whilst furloughed...

24 Mar, 2020 16:38

Good afternoon,

I have just been asked if an employee can work elsewhere in order to top up his pay to 100% whilst being furloughed. The only information I can find is that the employee should not work for his employer during this period but cannot find anything that says he cannot work for another employer. I suppose potentially the employee could earn quite a lot of money if he were able to work full time for another employer as well as receiving 80% of his normal pay?

I would appreciate your thoughts.

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Lisa | 0 Posts

31 Mar, 2020 23:33

In reply to Melissa Wilson:
Just found this on inews.co.uk website

Can I work for another employer if I am furloughed?
Staff may be able to work for another employer so long as it does not breach the contractual obligations set out. They should only work outside of the hours they would normally work with the job they have been furloughed from.

Taking an extra weekend job at a supermarket, or running deliveries in the evening, may not breach obligations if your contract stipulates a 9am-5pm working day, for example.

Lisa
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Lisa | 0 Posts

1 Apr, 2020 09:00

In reply to Melissa Wilson:

Hi
I called the CIPD and they confirmed that although the government haven't definitively said yes or no, it is doubtful that you could work for someone else whilst furloughed for the same hours you would work for your employer as it could be classed as fraud. Just like claiming benefit and then working anyway. The furlough pay is seen as a benefit I guess.

Lisa
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Chris | 0 Posts

2 Apr, 2020 16:30

In reply to Lisa:
I have found myself within this ‘grey area’. Yesterday I was furloughed from my full time job (I’m a clinician). I also work on the bank at a private hospital. This hospital contacted me a week ago saying that the NHS has temporarily purchased ward space for the COVID effort. They are reaching out to all clinicians for help. My furlough agreement states “no work for other companies”. I’m not looking to fraudulently massage the system, but rather help the crisis. So a bit of a quandary.
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Lisa | 0 Posts

3 Apr, 2020 09:03

In reply to Chris:
Chris

I will be watching this with interest as obviously the importance of your role helping the NHS during the crisis may well be viewed differently than Bob the builder going to work for someone else whilst furloughed.

However, it would still mean that you would be claiming a benefit (80% furlough) and on top of this getting another salary and not voluntary work. There may well be an exception for healthcare heroes :)

I don't know the answer.....

Please keep us updated.

Lisa
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Caroline | 0 Posts

7 Apr, 2020 10:36

The Government Advice seems to be that you can work for another employer whilst on Furlough and subject to your individual contract but you have to be available to return to your employer who has placed you on furlough when requested. See the link "While you're on furlough" www.gov.uk/.../check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme
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Lisa | 0 Posts

7 Apr, 2020 10:43

In reply to Caroline:
Yes, the government updated their info finally.
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Fiona Buchanan | 0 Posts

28 Jun, 2020 17:39

In reply to Lisa:
Hi, I work part time and have been furloughed. I am looking at getting a "second" job to cover the hours I am not contracted to work by my first employer. This would imply that if an employer gives permission for a second part time role it shouldn't matter if you are furloughed from the first as they are not in conflict. I don't see any benefit fraud here. Part time workers can have more than one job if their primary employer agrees and there is something in the contract of employment that would allow a second job. If anyone knows any different, please enlighten me :)
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Lisa | 0 Posts

28 Jun, 2020 19:39

In reply to Fiona Buchanan:
Hi
My post was in April and if you look above, I acknowledge that the government updated and changed the rules as we went along so yes, aa long as your employer is happy with you working for someone else whilst on furlough you can. However, if they forbid it for any reason, then the answer is no. I'm sure, though, as you say, they shouldn't have an issue with it.
Lisa
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