Yes, you can generally look for and accept a new job while on furlough, provided your employment contract allows for secondary employment and the new role does not conflict with your furloughed position.
Can I get in trouble for working while on furlough?
Yes, you can get in trouble for working while on furlough, especially if performing duties for the employer who furloughed you.
During past furlough schemes, like the UK's Coronavirus Job Retention Scheme (CJRS), the whole point was to help employers who couldn't offer work, covering wages for staff who weren't actually working. So, if you were doing your regular job while getting government-backed wages, that was a pretty clear violation. It could lead to serious trouble for both you and your employer. In fact, HMRC guidance from those times generally didn't allow employees to work for their furloughed employer.
What is the penalty for working while on furlough?
For employers, the penalty for improperly claiming furlough while staff worked could include repayment of 100% of incorrectly claimed funds, plus potential fines or even criminal action.
If you, the employee, got caught working for your furloughed employer during a scheme like the CJRS, you could face some pretty serious disciplinary action. We're talking dismissal from your job, for starters. You might also have to pay back any wages you received that were considered improperly claimed. While employers usually bore the brunt of the penalties, an employee's role in a fraudulent claim could still lead to some severe personal and professional fallout.
Can I refuse flexible furlough?
Yes, an employee can typically refuse flexible furlough since any change to employment terms, including a flexible arrangement, generally requires your explicit agreement.
Your employer can't just force new employment terms on you without your say-so. So, if you decline a flexible furlough arrangement, they'll likely have to look at other options. This could mean keeping you on full furlough, or if you can't reach a good agreement and there's still no work, they might even start redundancy proceedings. Honestly, understanding what refusing means and talking openly with your employer about alternatives is always the best move here.
Can I get a job if I am furloughed?
Yes, you could generally get another job while on furlough during past schemes, provided your existing employment contract permitted it and the new role didn't conflict with your furloughed position.
Many past furlough schemes, like the CJRS, actually let people take on new jobs with a different company or even volunteer. That said, before you jump into any new role, you really need to check your main employment contract. Look for anything about secondary employment, non-compete clauses, or potential conflicts of interest. Talking openly with your furloughed employer about what you're planning is usually the smartest way to avoid any misunderstandings or breaches, believe me.
Can I refuse to work part time on furlough?
Yes, you can refuse to work part-time on furlough if it represents a change to your employment terms that you have not explicitly agreed to.
Flexible furlough, where you'd work fewer hours for your main employer but still get some furlough support, always needed your clear 'yes' when it was active. You absolutely have the right to say no to that kind of arrangement. If you do, your employer will likely need to think about other solutions. This might mean keeping you on full furlough with no work at all, or if you can't come to an agreement, they could even look at redundancy as a last resort. Getting some advice from an employment advisor can really help you through these conversations, too.
