Continuous employment?

[GreatWonder]

I'm not sure if there's a clear cut answer to this one, but it's been giving me the odd sleepless night so I thought i'd try and get some information.

Back in February this year I gave up my job (that I had been in for 9 years) and relocated.

Unfortunately I found that the grass wasn't greener (as many do) and contacted my old employers who jumped at the chance of having me back in my old position, on my old (very generous) salary.

Now today I have the new contract in my possession and it mentions my start date - and, also a 'continuous employment' date, though this is marked as 'N/A'.

I have now entered into dialogue with my employer as to whether they can consider this case for continuous employment.

What I need to know is are there only specific conditions for continuous employment to be granted ie maternity leave, pre-arranged extended leave etc. etc.

I left in February by normal means (full notice period worked) and am hoping to get a favourable response from them (it would help as I would be considering a mortgage application in the future, and it gives me better protection within the company etc. etc.).

I would just like to be pre-armed when they come back with their response as to whether they've decided down to discretion or a legitimate technicality that can't be overcome.

[Sidewinder]

I would be very surprised if your employer is able to consider your resignation and subsequent re-employment as continuous service. Generally, if there is a period in which you are not subject to a contract of employment with an employer, then this must be deemed a break in service. The Employment Rights Act has specific criteria under which employment may be considered to be continuous:-

Time with a previous employer which may count
Changes of employer normally break continuity, and mean that employees must start all over again to qualify for rights. But the following types of change do not break continuity, so that continuous service before the change also counts if:

• a trade, business or undertaking or part of an undertaking is transferred to another employer (2)
• by or under an Act of Parliament, one corporate body takes over from another as the employer;
• the employer dies and his or her personal representatives or trustees keep on the employee in employment;
• representatives or trustees who employ the employee;
• the employee moves from one employer to another where at the time of the move the two employers are associated employers, that is if one is a company of which the other (directly or indirectly) has there is a change in the partners, personal control, or if both are companies of which a third person (directly or indirectly) has control;
• a teacher employed by the governing body of a school maintained by a local authority moves to another school maintained by the same authority where he is employed by the authority, or a teacher employed by a local education authority in a school maintained by the authority moves to another school maintained by the same authority where he is employed by the governing body;
• the employee of a local authority or related body moves to a different authority for redundancy pay purposes only;
• the employee of a health service employer moves to another health service employer while undergoing training.

Not saying that they won't try and bend the rules for you - just that the ERA has specific criteria and I am not sure that they can do this, but then again, who would know besides the Inland Revenue? At the end of the day if being in continuous employment guaranteed you benefits from long service which would be at the employer's cost (sick pay, possible redundancy etc) then you may be fortunate.

[patdavies]

Any pension provider would know and probably object - particularly if the scheme had changed between the date of the start of the original employment and the start of the re-employment.

[poppynurse]

How long was it between leaving and restarting?

[GreatWonder]

It will be 7 weeks.

I had / have no pension with the company.