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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71393
Experience:  Qualified Solicitor
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This might seem a bit complicated but.. I had a salaried bar

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Hi there.
JA: Hi. How can I help?
Customer: This might seem a bit complicated but.. I had a salaried bar job in which I gave my notice and my last day of work is 2nd of December. I have found another job which I'm currently working at full time. The bar obviously is closed now and so I'm wondering if what my rights are in terms of what the company has to pay me Are they obligated to pay me until the end of my notice, even if it's furlough whistle I'm working somewhere else?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: The HR person at the company they said that can pay what's left of my holiday but they're not sure about furlough I haven't spoken to a lawyer yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's it I think

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 19 days ago.
Hi there

Hi there. Can I just check, how long have you worked at the bar for and when did you start the new job?

Customer: replied 19 days ago.
I worked there since March 2019
Customer: replied 19 days ago.
I started my new job on 19 of October 2020

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 19 days ago.
Okay thank you.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now.

If you qualify for furlough with the old employer (you need to have been employed by them on or before 30 October) they can consider furloughing you in order to meet some of your salary.

Whilst furloughed by them, you are still entitled to work for another employer and earn from that job. The official rules of the furlough scheme state:

“…during hours which employees are recorded as being on furlough, they cannot do any work for their employer that makes money or provides services for their employer or any organisation linked or associated with their employer.

Employees can….work for another employer (if contractually allowed)”

So you cannot work for the employer which has furloughed you but you are entirely free to work for another one even if it is during the hours you are furloughed from the original employer.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 19 days ago.
Okay thank you. If they decide that they don't want to furlough me do they have to pay me the rest of my notice?

Hello, thank you for your further queries, I will be happy to answer these. That depends on whether you have contractually guaranteed hours?

Customer: replied 19 days ago.
it's a salary based contract on the basis of minimum of 45 hours per week

Thank you. They will still have a duty to pay you for the notice period as normal, even if you cannot work, as long as you are ready and willing to work. I hope this clarifies things for you a little bit more.

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