Furlough, redundancy, new job

[Juicyfrooty]

I was furloughed back at the start of lockdown from my zero hours job. I am contracted to do 12 hours a week but mist weeks worked about 20 hrs

I started a new job last month, my old employer is aware and wrote a reference etc. I haven't resigned yet because I could still work the 12 hours I am contracted for around my new job if I needed to.

Redundancy talks started last week and they have mentioned that if we accept a new position in the consultancy period we will not be entitled to redundancy pay.

I accepted my new job before there was any mention of redundancy, does this apply to me?

Thanks

What does the contract for your first job say about accepting other employment? Most contracts prohibit it but part-time may make some allowances.

Are you a union member?

My contract was on a kind of company intranet that I can't access while on furlough. They are aware I have another job though and haven't said it is a breach of contract. I'm pretty sure I have colleagues with 2nd jobs too.

How can you be zero hours but have a 12 hour a week contract at the same time?

Were you actually zero hours or did you have a contract stating 12 hours a week but you did extra as overtime?

I have actually just found my contract, it says they are aware we may have other employment and should make management aware of any conflicts of interest, so having a 2nd job shouldn't be an issue.

Basically how it works I have to be available to work 12 hours a week, but they don't have to give me those hours if they don't need me. There have been very quiet times where I have earnt nothing for a week or two but I still have to be on the rota for those 12 hours as a reserve.

Do you have to be available for those 12 hours at specific times?

A general point, the company cannot get out of redundancy payments because somebody has found a new job. People are entitled to look for and find new jobs if they are made redundant.

If they want to leave before their redundancy date, in order to take up a new job, then in this case it would need to be a resignation and hence no redundancy pay. But simply having accepted a job does not mean that redundancy pay is forfeited.

Regarding your own situation. I am not sure why it would really matter to you, you haven’t worked there since the start of lockdown, you have a zero hours contract, so your redundancy pay would be zero anyway wouldn’t it?

I've been on furlough so have still been employed by them and receiving a wage.

I have to be on the rota and available for at least 12 hours a week, they aren't set hours though, they can be different hours week to week.

I already have the new job, I'm a few weeks in. I haven't resigned from the other one because I could do both jobs.

From what I've read zero hour employees are still entitled to redundancy pay

@Juicyfrooty

From what I've read zero hour employees are still entitled to redundancy pay

Yes zero hour workers are entitled to redundancy pay, I didn’t say otherwise. My point was that the redundancy pay would be based on the last twelve weeks or so and you said you haven’t worked since lockdown. I assumed as it is a zero hours contract you had not been paid and therefore redundancy would be based on zero.

I did not know you had been furloughed and paid, in that case if you qualify for redundancy (over two years service) they need to pay it based on your recent earnings. That assumes your contract doesn’t require you work whatever hours they request and the new job would make it impossible to do that.

I said I'd been furloughed since lockdown literally in the first line of my original post.