Furloughed while on notice - can I start a new job?

Lemmon

Appreciate this may not be the right place to ask, but ACAS are impossible to get hold of at the moment.

I was furloughed by my employer back in March and have heard nothing from them since except to tell me I was at risk of redundancy.
Since then I've been lucky enough to land myself a new role, which I accepted. My new employer have been absolutely amazing and actually encouraged me to wait to see if I am in fact made redundant before having in my notice, so I could get the best of both worlds (they were not allowing voluntary redundancy sadly).

As it turns out, I wasn't selected for redundancy, so I've now handed in my notice. My old employer however, wants me to serve that notice, but while being furloughed, which makes absolutely no sense to me. My new employer is now keen for me to start with them.

My question is, as the government have stated that you can get a second job while furloughed, is there anything to stop me just starting with the new employer while serving my furloughed notice? 

I'm aware I'll get a large tax bill, and morally it doesn't sit right with me, but I'm at a bit of a loss of what to do. I think my new employer would wait for my notice to end, given how good they've been so far, but I'm worried I'm pushing my luck with them and I don't feel like it's a good start.

sharpe106

Does your employer have anything in your contract about working for another employer? 

How long notice do you need to give? 

Lemmon

sharpe106 said:

Does your employer have anything in your contract about working for another employer? 

How long notice do you need to give? 

Thanks for replying. No, I've checked my contract and it says nothing about working for anyone else, so that's ok. 

I have to give one month's notice.

prowla

According to the rules, your employer can place you on furlough for your notice and you can work for another employer "provided your contract allows it"; since your contract doesn't mention it, you are legally OK.

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#employees-you-can-claim-for

The complication is that your outgoing company could call you back in to work, which could potentially be disruptive to your new job.

Your new job may also ask the old one for references.

As for overlapping jobs there's nothing against it.

And don't forget holiday entitlements (which accrue up to the end of employment).

Lemmon

prowla said:

According to the rules, your employer can place you on furlough for your notice and you can work for another employer "provided your contract allows it"; since your contract doesn't mention it, you are legally OK.

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#employees-you-can-claim-for

The complication is that your outgoing company could call you back in to work, which could potentially be disruptive to your new job.

Your new job may also ask the old one for references.

As for overlapping jobs there's nothing against it.

And don't forget holiday entitlements (which accrue up to the end of employment).

This makes sense, thank you. I didn't consider that they may call me back. It seems unlikely, but definitely something to think about.

sharpe106

Why don't you suggest to your employer you will leave today, so no more notice pay for them a saving. As if you are furloughed they obviously don't need you.