Greed? On Furlough and Working a Second Job

I say do what you can. Some people don’t want to be sat doing nothing and others are maybe building a slush fund. If they are still furloughed now there’s a high probability they won’t have a job to go back to at the end of October!

Greed if you ask me when people who lost their jobs could have had that second job people had been taking. I thought it was against the rules of furloughe to do a second job. Tax man will soon catch up with them

BusySparrowMum Ann1984

It IS illegal.

It's basically like working full-time and claiming benefits.

People who do it should be ashamed.

Either leave your job and come off furlough, or don't work another job.

Everyone has a go at benefits cheats, but this is exactly the same thing.

Yup, it's greed in my eyes.

If you are taking money to stay away from your workplace it seems like fraud to then go elsewhere and work.

Can My Employees Work Elsewhere During Furlough Leave?

Taking a second job while on furlough leave is permitted, as confirmed in the guidance from the Government on 4th April 2020, however it must be subject to the terms of the contract between you and your staff

Until the beginning of August 2020, an employee who is currently on furlough cannot undertake work for the employer which has furloughed them. The ‘primary employer’ cannot require their furloughed employees to do any work for them or for any linked or associated business. Nor can a furloughed employee receive any remuneration for work done for their primary employer (obviously, this does not apply if furlough has ended before August 2020).

As of August 2020, furloughed employees will be able return to work for their primary employer on a part-time basis.

It is vitally important to remember that, if your staff are furloughed, they are still employed under their existing terms and conditions during furlough (with some obvious exceptions such as the requirement to attend work etc.).

Contractual Restrictions on Working Elsewhere

Any enforceable restrictions on working elsewhere during their employment will continue to apply in the same way they would if the employee was attending work for you. If your contracts of employment state that employees cannot work elsewhere without your consent, that rule still applies during furlough.

However, in the current circumstances, you may consider temporarily relaxing any such restrictions to allow employees to take up a role with a non-competing business with your prior consent. You may also want to consider temporarily revising the terms of their contract or perhaps redrafting it, if necessary.

Perhaps, more importantly, if there are ‘restrictive covenants’ prohibiting your employees from working for competitors, these will still apply during any period of furlough leave too.

Other Practical Considerations

Your staff should still be available to undertake training (for your organisation) during furlough leave. Realistically, this probably won’t take up much of their time, but it might be important if you have to train them on matters which are essential prior to their return. Therefore, an alternative job could ‘get in the way’.

Generally speaking, those on furlough leave that are allowed to accept a second job should only work outside of the hours they would normally work in the job that they have been furloughed from, unless you have provided prior consent to do otherwise.

In addition, when furlough leave ends, your furloughed employees will need to be able to return to work for you right away. Therefore, you may wish to consult and enter into a revised agreement with your employees in respect to gaining your consent before taking up any alternative employment; you may also require employees, if/when they start working for another employer, to confirm their furloughed status in Statement C of the PAYE starter check-list they complete for their new employer.

I wonder how many commenting on here are actually in this situation

I’ve heard some tradesmen are claiming government financial support but are still working, I assume cash in hand but I really don’t know. It’s totally immoral.

There are so many people struggling out there with hardly any money. It is unfair that there are people out there who can barely put food on the table due to covid while others get double pay checks

Have to agree - don’t think you should be entitled to furlough if you have a second income.. there isn’t an endless money pit in the UK, which some people seem to think there is! Furlough should only be for those who need it..

Never crossed my mind people would do that. If they can live on furlough money then it's greed. If the furlough money doesn't covet bills and food, then I understand they might have to.

Sour grapes or jealousy?

You do realise that some people who are on furlough, even if getting 100% of their salary, AREN'T getting the same take-home pay as they did pre-CV because a large percentage of their monthly pay is made up of bonuses or commissions, so they have no choice but to take a second job if they want the same income. It's not illegal so long as you're working for a different company, not the one paying your furlough.

Also, can I point out that furlough pay isn't free money, you still have to pay all the usual taxes and NI payments on it and of course on any second job. Just as you do on the SEISS grant as well.

Yes I’m sure some people out there are taking advantage ... same immoral people that would probably commit benefit fraud or tax dodge but there will be people that are generally struggling on furlough pay which is just 80% of basic wage that may need to be topped up.

Being an essential worker I have worked all through the pandemic but not everyone had that option. Don’t tar everyone with the same brush, until you walk in their shoes don’t judge.