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What are the legal issues regarding someone working whilst being furloughed? I am a supply teacher and the agency has furloughed me, however the pay is so low I am unable to pay my bills. I am also not entitled to universal credit because it is more than I will get on universal credit.

 

i was already struggling before the pandemic and now my situation is dire. So I am trying to find employment during this time in hope of making getting extra cash.

 

If I am able to find work with another employer, during the periods I am furloughed with the agency would I be required to pay back the furlough payments?

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Hi NS,

 

My understanding is that you should only work on a 2nd job outside of the hours you would normally work with the job you have been furloughed from.

 

Put another way, you shouldn't be working on the 2nd job during the same hours you're being paid by the agency.

 

If you DO take other work, your 2nd employer should deduct tax on ALL that you earn because your PAYE allowances will be used against your main earnings. This is known as "0T - Week 1" or BR - "Week 1".

 

So long as you declare the income at the end of the tax year (after 5/4/21), the tax can be checked and sorted.

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You can work for another employer providing your contract with your first employer (the employer who has furloughed you) allows you work for other employers. Each job is treated independently as far as furloughing under the CJR Scheme is concerned as long as the second employer isn't linked or associated with your first employer.  If you get a job with another employer your agency doesn't have to repay the furlough money to HMRC.

 

As a supply teacher I imagine you are allowed to work for multiple employers with no constraints about what hours or times of day you can work, but check your contract.

 

Official guidance here https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

 

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Edited by Ethel Street
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