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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If staff are released from their normal employment with pay

Resolved Question:

If staff are released from their normal employment with pay to carry out other duties which are beneficial to the employer, CPD for themselves and may also involve some work are these employees allowed to be paid for the same time twice
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Why were they paid in the first place - what were these payments intended to cover?
Customer: replied 2 years ago.
They are paid under contract of employment and are released on full pay to carry out other duties for a different organisation
Expert:  Ben Jones replied 2 years ago.
And who is paying them the second time for this work - the different organisation?
Customer: replied 2 years ago.
Yes
Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. It is certainly possible for the employees to be paid for the same time twice, although not a legal requirement. Their main employer would be obliged to pay them for any time that is classified as working time for them. So if they are being sent away and that is a requirement under their contract with that employer they can expect to be paid for that time by them. The employer could avoid this if it had a specific clause in the contract stating that they are not entitled to be paid for that time and that the other organisation for which they will work will cover their remuneration. However, if no such clause exists then they will still have to be paid for that time.
The other employer would not be obliged to pay them if the original employer is already covering their pay, however they can certainly offer additional pay if they wanted to. So it is left at their discretion. However, if the original employer was not paying them anything and they were working for the other employer then they would have to pay them as they are technically conducting work for them.
So in summary they would have to be paid at least once, by either employer, depending on the contract that is in place. They cannot be paid nothing at all and they can be paid twice.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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