Continuous Service

[WendyHouse97]

Hi there everyone,

I have secured a new offer of employment from a company that I have known for quite some time, and completed some contractor work with, for the last 3-years. They're looking to offer me permanent, full-time employment.

As I've worked with them for the last 3-years as a contractor, I'm wondering if the company is able to make that as part of my continuous service, such that I have 3-years service when I start as an employee? I know the company really well, and they're willing to do this, but none of us know if the company is actually able, legally, to do this.

Small family business with only 3 employees, so understandable that they might not have this level of know-how! Any help would be appreciated

TL;DR - is a company able to simply "make up" continuous service if they want to, or is that something that can only be established, in law, by the time that you have actually been an employee?

Thanks!

[PallasAthena]

Continuous employment has a statutory legal definition in sections 210 - 219 of the Employment Rights Act 1996.

Employment Rights Act 1996 (legislation.gov.uk)

[ULA]

Very simply if you have been self-employed accountable for your own tax and NI deductions then no, continuous employment can only start from when you become a permanent employee on their payroll.

There are other factors that determine the true nature of being self employed e.g. control over work, ability to provide a substitute to carry out your role if you are absent, provision of equipment to do the job etc. However if the answers to these could potentially mean you have been an employee all along, then this would put the company in a very vulnerable position in terms of your real employment status with them for the last 3 years.

I would suggest you agree your continuous employment starts from the commencement of your permanent contract.