Laying in or Laying off?

If you’ve been laid off you might find that you have a lot more opportunity to lay in than usual! But this might not be a welcome change for you or your employer! It may be fun for a while but the novelty can soon wear off! If you’re the employer, you won’t be feeling the benefit of your employee working for you and bringing in business during this particularly difficult period.

If you’re an employee who has been laid off/ furloughed during the Covid-19 pandemic and are feeling particularly bored at home you might be tempted to do some small bits of work for your employer. However, you might need to step with caution as there may be some confusion about whether working while laid off will interfere with your pay!

What can you do while furloughed?

1. Get another job – if your contract allows!
2. Volunteering as long as it does not provide services or generate income for and on behalf of the organisation.
3. Training as long as it does not provide services or generate income for and on behalf of the organisation.
4. Carry out statutory duties where you are the owner or manager of the company and have been furloughed.

What can’t you do while furloughed?

1. Any work for your company that would generate revenue or provides a service.
2. Working on reduced hours and salary for your company.

What about social media and maintaining good relationships with customers/ clients? This is where it becomes less clear as some would say this is work but others might argue it is just best practice. However, the overall message is clear that you must not work while furloughed so you should approach with caution! If you and your staff are still active on socials and emailing clients, even if they are just emails to promote good relations, HMRC may argue work has been undertaken and your claim could be blocked.

If you are an employer or an employee and are struggling with where the line is drawn in what you can and can’t do, please contact us at caoimhe@kleymansolicitors.com and one of our team will be more than happy to help!

Kleyman & Co Solicitors. The full service law firm. Here for you whether you’re an early bird or a night owl!