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As with many employers currently, my wife's employer is going to have to furlough some of its staff. However, the situation is complicated by the nature of the work that some of her colleagues do and their contractual situation.
Employee A has two very separate roles at the organisation (separate contracts, different rates of pay, different continuous service dates, etc.). There is no work available for one of these roles, but the other has plenty of work to do. Can a single employer furlough an employee from one job but continue to employ them in the other? (The guidance says an employee cannot to any work or provide services for the employer when furloughed, but nothing explicitly says that this situation would be the same).
Employee B only has one job with their employer. However, they also provide (very different) services which they invoice for, as a sole trader. Can they be furloughed from their PAYE role and continue to invoice for for their sole trader work? I don't know whether the "... or provide services..." precludes them from doing this.
Anyone know what the employer can do in each case? And can you point me to some written guidance that I can pass on (rather than relying on "someone from Singletrack said...").
Thanks all! Stay safe.
Ooops - thanks (and sorry)!
If you are furloughed, then you can undertake no work for the company or any affiliated company.
Guidance is fairly clear, even contracting you are undertaking work for the company so wouldn’t be able to be furloughed. You answer your own question really - how is either situation you describe not working or providing services for the company?