Furlough question

[Icimoi]

On behalf of my sister. She works part time and is being furloughed. The proposed furlough contract says she cannot take on other work whilst she is furloughed without her employer's permission. However, there was nothing in her original contract that prevented her from taking a second job on the days she didn't work.

Is this legal, or does it mean the employers are changing the terms of her contract? They seem to be relying on the fact that the guidance which says you could be furloughed from one job whilst still working in a second job relates to people who were already working in another job, but that doesn't really seem to be relevant.

If it isn't legal can anyone point to chapter and verse in terms of the legislation or guidance that she can show to her employers?

Read this from Money Saving Expert:

www.moneysavingexpert.com/news/2020/03/coronavirus-self-employed-and-employment-help/

Thanks, Spickle, but it doesn't seem to cover this point. It does say that you can take another job unless your employment contract forbids it, which ought to be all my sister needs, but her employers keep banging on about the bit in the guidance relating to people who already had a second job when furlough started - which doesn't apply to her.

Maybe her best tactic is to ask them to point out what prevents her taking another job on the days not covered by her contract with them?

Also from MSE:

"While you’re on furlough"

Once you are on furlough you will not be able to work for your employer. You can undertake training or volunteer subject to public health guidance, as long as you’re not:

making money for your employer or a company linked or associated to your employer
providing services to your employer or a company linked or associated to your employer
If workers are required to, for example, complete training courses whilst they are furloughed, then they must be paid at least their appropriate minimum wage (NLW, NMW or AMW) for the time spent training, even if this is more than the 80% of their wage that will be subsidised.

Whilst furloughed your employer cannot ask you to do work for another linked or associated company.

If your contract allows, you may undertake other employment while your current employer has placed you on furlough, and this will not affect the grant that they can claim under the scheme. You will need to be able to return to work for the employer that has placed you on furlough if they decide to stop furloughing you, and you must be able to undertake any training they require while on furlough. If you take on new employment, you should make sure you complete the starter checklist form with your new employer correctly. If you are furloughed from another employment, you should complete Statement C. Any activities undertaken while on furlough must be in line with the latest Public Health guidance during the COVID-19 outbreak.

Your employer can still make you redundant while you’re on furlough or afterwards."

. It may be some sort of moralistic view from someone senior that if you are getting furloughed, you should leave other jobs to others less fortunate, but this is just speculation.

Starter Checklist:
public-online.hmrc.gov.uk/lc/content/xfaforms/profiles/forms.html?contentRoot=repository:/Applications/PersonalTax_A/1.0/SC2&template=SC2.xdp

If it’s in the furlough information they’ve added it as a change to terms and conditions.

Acas on changes www.acas.org.uk/changing-an-employment-contract/consult-employees-to-agree-changes