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Working for another employer whilst furloughed...

Amanda Jane Roberts

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.

  • in reply to Melissa Wilson
    I know and I Googled the hell out of it!!!
    I think, though, as they are still employed by the company that furloughs them, they couldn't or shouldn't work for someone else????
  • in reply to Lisa
    Its been a complete minefield... Its a HUGE grey area that people don't appear to be able to answer. You cannot work for the employer that has furloughed you but if you already had another job at the time of Furlough you can continue to work for second employer.. On the flip side to then get a second job produces more questions than answers. Is there a potential it may have an impact on the employer claiming Furlough? Will it cause tax implications for both employer and employee... the list goes on.... Plus if they were to get another job it cant be in the working hours of the other employer( in the event they are needed to return..) I could go on...
  • in reply to Melissa Wilson

    Definitely. I know we are in unchartered waters but surprised this hasn't been clarified yet on the Gov.uk website. I still think the answer should be no. And morally, is it 'fair' that someone who is getting 80% of their wage (and some companies are topping up the other 20%) to sit at home and self-isolate can then get another full time job (if critical works) so earning 2 full time wages when many others have been let go from their jobs and are struggling to get by on nothing or next to nothing?

    I have sent my question to Sky news for the specialists.  I will let you know if I get a response

  • in reply to Lisa
    Completely agreed - This is my " argument". I agree that only having 80% is not ideal but people are spending less if nothing on fuel and less overall. Personally if they are under the Furlough scheme this is the same as claiming a government benefit so should be treated no differently. I keep getting refereed back to where it says about two employers but all of the advice refers to if they already the second employer at time of Furlough not after.. Its a headache.. Would love to hear if you get a response!!
  • in reply to Melissa Wilson
    I will definitely let you know if I find anything out. Annoying me now.......:)
  • 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
  • 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

  • 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.
  • 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
  • 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