working elsewhere during furlough ?

recalcitrant

i have recieved a document to sign and return from my work, which is currently temporarily closed due to the lockdown which was actioned due to the covid 19 spread, it does state that i will be getting 80% of my wages which i figured would be the way forward until further notice but until the company reopens i need and would like to take on a temporary position which the document states the company prohibits, are they allowed to stop me earning money elsewhere ?

Andy_L

recalcitrant said:

i have recieved a document to sign and return from my work, which is currently temporarily closed due to the lockdown which was actioned due to the covid 19 spread, it does state that i will be getting 80% of my wages which i figured would be the way forward until further notice but until the company reopens i need and would like to take on a temporary position which the document states the company prohibits, are they allowed to stop me earning money elsewhere ?

Only if your contract, or this new document, says you cannot

Undervalued

Andy_L said:

recalcitrant said:

i have recieved a document to sign and return from my work, which is currently temporarily closed due to the lockdown which was actioned due to the covid 19 spread, it does state that i will be getting 80% of my wages which i figured would be the way forward until further notice but until the company reopens i need and would like to take on a temporary position which the document states the company prohibits, are they allowed to stop me earning money elsewhere ?

Only if your contract, or this new document, says you cannot

Remember too that the employer is not obliged to furlough you. If you have been employed for less that two years you can be dismissed just by paying you a week's wages (unless your contract requires more). Even if you have been employed for more than two years they may well be able to lawfully make you redundant if they expect a downturn in business. Statutory redundancy is not very much unless you are a long serving employee.

Be careful what you wish for.

pjcox2005

You could speak to HR or a boss at the company. Many contracts have no other job clauses to a) prevent you using their business as a sideline (e.g. fitting of their product which takes away from them) or b) to prevent tiredness if you've done a job and then you going into their workplace not refreshed.

In lockdown, if you're taking a job in a completely separate field then they may be more relaxed. Their concern may be on how quickly they can recall you from the retention scheme (think they need a weeks notice not sure) and if a second job prevents that happening due to notice period or an obligation on you to complete those shifts. 

Worth a conversation with someone anyway.

Vettie

Hi, I work two sites for one employer as as a cleaner, one site closed temporary due to the current situation. The other site remains open and I'm still required to work. However I'm told by the employer as I'm still working I can't get 80% of the wage from the closed site therefore lose that pay in full. Which means I only get full pay for the work I'm left with which means my pay is cut to half it was. If I leave I won't get anything? I believe this is correct but just need to be clear if this is OK to accept as legal. Thanks

NBLondon

Vettie...
Are you paid based on the hours you work - and therefore only working half the hours at the open site?  In which case, does your contract (if you have one) allow you to work elsewhere to make up the hours?     You can't be furloughed from half of the work if it's the same employer.   They could only furlough half of the cleaning team and arrange a different rota for the rest.

epm-84

pjcox2005 said:

Their concern may be on how quickly they can recall you from the retention scheme (think they need a weeks notice not sure)

I think it may be no notice for employers recalling furloughed employees, so a furloughed employee could be called on a Friday and asked to return to work on Monday.  For instance, if they are a restaurant worker and the government announced on a Friday that from Monday restaurants can reopen.  Furloughed employees are still expected to phone in sick while on furlough and while they can't currently go away due to the lock down rules, it's unclear what would happen if they do want to go away if they remain on furlough after the lock down rules are lifted.

epm-84

Vettie said:

Hi, I work two sites for one employer as as a cleaner, one site closed temporary due to the current situation. The other site remains open and I'm still required to work. However I'm told by the employer as I'm still working I can't get 80% of the wage from the closed site therefore lose that pay in full. Which means I only get full pay for the work I'm left with which means my pay is cut to half it was. If I leave I won't get anything? I believe this is correct but just need to be clear if this is OK to accept as legal. Thanks

Yes that's correct.  Furlough is for employees who aren't working due to no work, not for those working reduced hours due to a lack of work.  You may be eligible for Universal Credit or Job Seeker's Allowance if your pay is very low and you agree to look for another part time job.  If you resign you may not be eligible for any form of out-of-work benefits in the short term as they can apply a sanction for voluntarily leaving a job.

TELLIT01

To the OP, many employers require that you get permission from them before taking additional employment.  If that is in your contract of employment they can certainly enforce it.  As epm-84 says, the 80% payment is to compensate for lack of employment.  Operating any other way is open to all manner of fiddle.  If you can earn full wages at another employer why would the government top that up by another 80%?

recalcitrant

Thanks for the replies, I have signed the agreement and will not risk taking employment elsewhere at this current time, whether I carry the virus or not, I am avoiding going outside as much as possible, quite scared at the moment.