Work during furlough & attempt to trick into signing new clause for entry in contract of employment

oshb5

Hello
I'm just asking for a friend who is not tech savvy  First of all he is furloughed and whilst off has been keeping himself busy making items however now people are wanting to buy these items but the firm he is furloughed from have said he cannot work for anyone else whilst furloughed Or on your own and make any money as if you do you should tell us and be prepared to pay it back to us as we  as we may be liable to repay it back to the government under the schema.

Secondly They are asking him to return to work but has to sign a new clause for entry into his contract of employment. Which says that if they dont have enough work for him That they can lay him off on short term lay off without any pay (Other than statuary guaranteed payments) and until they have work for him or we are needed in work elsewhere in the plant

Other than that every caution has been taken lines placed and desks moved all over the offices for the distancing it's just the parts iv asked about. Only I think they are trying to pull a fast one on the second part as they usually have plenty of out of hours work but not much on normal days??  

Thank you Osh

sharpe106

With the first part depending on contract they can refuse him working for someone else. They won't have to pay the money back even if he does earn money elsewhere. 
For the second part they can't force him to sign up but the chances are he may find himself out of a job if he does not as they obviously are expecting work to be cut down. 

General_Grant

oshb5 said:

Hello
I'm just asking for a friend who is not tech savvy  First of all he is furloughed and whilst off has been keeping himself busy making items however now people are wanting to buy these items but the firm he is furloughed from have said he cannot work for anyone else whilst furloughed Or on your own and make any money as if you do you should tell us and be prepared to pay it back to us as we  as we may be liable to repay it back to the government under the schema.

Secondly They are asking him to return to work but has to sign a new clause for entry into his contract of employment. Which says that if they dont have enough work for him That they can lay him off on short term lay off without any pay (Other than statuary guaranteed payments) and until they have work for him or we are needed in work elsewhere in the plant

Other than that every caution has been taken lines placed and desks moved all over the offices for the distancing it's just the parts iv asked about. Only I think they are trying to pull a fast one on the second part as they usually have plenty of out of hours work but not much on normal days??  

Thank you Osh

Are the items he is making in some way in competition with his employer's business?  If not, and unless there is already a clause in his contract of employment which says he can't do any kind of work without their permission, then he doesn't need their permission.
What are they wanting to have him pay back?  It certainly is not against the Government's furlough scheme that a company has to pay back the 80% furlough payment in respect of someone working for themselves (self-employment) or for a different employer.  So that part is rubbish.

Brynsam

oshb5 said:

Hello
I'm just asking for a friend who is not tech savvy  First of all he is furloughed and whilst off has been keeping himself busy making items however now people are wanting to buy these items but the firm he is furloughed from have said he cannot work for anyone else whilst furloughed Or on your own and make any money as if you do you should tell us and be prepared to pay it back to us as we  as we may be liable to repay it back to the government under the schema.

Secondly They are asking him to return to work but has to sign a new clause for entry into his contract of employment. Which says that if they dont have enough work for him That they can lay him off on short term lay off without any pay (Other than statuary guaranteed payments) and until they have work for him or we are needed in work elsewhere in the plant

Other than that every caution has been taken lines placed and desks moved all over the offices for the distancing it's just the parts iv asked about. Only I think they are trying to pull a fast one on the second part as they usually have plenty of out of hours work but not much on normal days??  

Thank you Osh

Trying to protect a business isn't 'trying to pull a fast one'. It's about ensuring the business keeps going and can employ people once furlough becomes a thing of the past.

oshb5

So as fare as the first part goes he is doing nothing wrong in what he does normally as his pastime  just that now he has longer to do and make things and people like what he makes so have asked him to make them some for money of coarse and what he does in no way conflicts what he does or the company he works for does either

  There has also been talk about wanting to transfer him along with all of the others onto a zero hours contract?

General_Grant

oshb5 said:

So as fare as the first part goes he is doing nothing wrong in what he does normally as his pastime  just that now he has longer to do and make things and people like what he makes so have asked him to make them some for money of coarse and what he does in no way conflicts what he does or the company he works for does either

  There has also been talk about wanting to transfer him along with all of the others onto a zero hours contract?

Not zero hours because there was mention of "statutory guaranteed payments".
The maximum is £29 a day for five days in any three-month period (thus maximum £145).

Dox

oshb5 said:

  There has also been talk about wanting to transfer him along with all of the others onto a zero hours contract?

That seems to be a statement with a question mark. Nobody here can know if there has been such talk; has there or hasn't there?