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Furloughed ex employees

Is an ex employee entitled to be paid part furlough?

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I have a client who agreed to furlough an ex employee. He is currently checking if she is working her hours or part time hours but does the new part working scheme extend to ex employees? Is he allowed to pay/claim back her part furloughed hours (if she is working part time)?

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By paul.benny
14th Jul 2020 11:25

You can't furlough an ex-employee - you have to rehire them. And if they've been rehired, the client should know what hours they are working. Any hours they work for another employer are irrelevant.

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By Hugo Fair
15th Jul 2020 12:06

If your client didn't actually re-employ their 'previously ex-employee' (which means the individual is now entitled to all employment rights from paid leave and sick pay right through to redundancy pay if/when applicable), then any Furlough Re-claim relating to this individual was fraudulent ... and should be reported to HMRC.

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By ann12
15th Jul 2020 16:08

They did re-employ her and she has have been furloughed since however, I was inquiring about whether if she did go elsewhere and work and not tell my client, what could be done. She has not put herself forward for work even though he has asked for those who want to do some hours first. It is a situation that you are not in control off - if they have already left they don't tend to want to work for you again.

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By paul.benny
16th Jul 2020 08:35

That's not at all the question you asked.

There is no reason why a person cannot have more than one job, and that includes working in one while furloughed from another. Some employers may require employees to notify them of other jobs - essentially to avoid conflicts of interest.

It sounds like original employer has merely sought volunteers for work rather than instructed people to return, so there is no obligation on the rehired former employee to do so.

If the original employer wishes to end the employment of re-hires, they can - subject to normal processes for dismissal/severance. That can include instructing them to return on such a date and firing them if they fail to do so.

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