Continuous Employment Start Date

[alimair]

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[miliitant]

Re: Continuous Employment Start Date

seems suspect as it will be easier to get rid of you as you cant bring a claim for unlawful/dismissal as its two years service.

you at the moment have completed one years service and HAVE FULL EMPLOYMENT RIGHTS as the change in the law happened after you started your employment and is not retrospective

they cant change your contract unless it is a total change in working conditions without your consent, IF THE SAME COMPANY THEN THEY CANT CHANGE YOUR START DATE

if you say nothing then it will be seen that you have accepted the change as you did not object

they cant change your start date unless you have been made redundant and been re-employed

ask your employer why the start date has changed, it may be an honest mistake when the contract was drawn up

if you accept this contract they can in a sense get rid of you within the next 2 years with no claim to the tribunal service

AT THE MOMENT YOU CAN AS YOU HAVE FULL EMPLOYMENT RIGHTS

[alimair]

Re: Continuous Employment Start Date

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[miliitant]

Re: Continuous Employment Start Date

you are correct

My employer tried that with me when i got my diploma in employment law.
They offered me a management position three times. that entails a totally new contract of employment.(management)

All they would have to say is six months down the line they are slimming down line managers and their is no vacancy for you so its redundancy as your old position has been reassigned

I was well ahead of their game and refused the position. They thought it was an easy way to get rid of a qualified rep legally

REMEMBER

A CONTRACT OF EMPLOYMENT IS TWO WAY, SO NEGOTIATE

but softly softly to begin with as it may be an honest mistake

you do not even have to sign the contract for it to be binding, all the employer needs to show is that you have a copy and if you did not object, it will be assumed you accepted that contract over a short period of time

[basa48]

Re: Continuous Employment Start Date

No, No, No:

The period of continuous employment for the purposes of statutory redundancy and rights to claim unfair dismissal are unaffected by changes in contracts. The start date of your new contract is NOT the start date of your continuous employment, unless there was a full 7 days break when you were not under a contract of employment with the same employer.

See the Employment Rights Act 1996 sections 135, 162, 210 & 212.

[alimair]

Re: Continuous Employment Start Date

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[basa48]

Re: Continuous Employment Start Date

It shouldn't be but my contract says it is. I'm going to raise the issue now I know where I stand!

It matters not a jot what your contract says is the start of your contract, your continuous employment legally starts the day you joined the company.

You could enter 10 new contracts each with a different start date, your period of continuous employment remains the date you started at the company. Unless there is a clear 7 days break of employment.

Even if the contract says your start date for continuous employment is the date of your new contract and you sign it, it won't hold up at a Tribunal as you cannot sign away your statutory rights unless you have received independent legal advice about your rights paid for by your employer. (ERA 1996 sec 203 and Carrington v Harwich Dock Co Ltd [1998] IRLR 567 [EAT]).

[miliitant]

Re: Continuous Employment Start Date

the company where you work

is it a group company for example, where different companies are within the same group

have you been made redundant as such with no consultation/renumeration and re-employed with a different company within the same group

just thinking out of the box

[basa48]

Re: Continuous Employment Start Date

the company where you work

is it a group company for example, where different companies are within the same group

have you been made redundant as such with no consultation/renumeration and re-employed with a different company within the same group

just thinking out of the box

Miliitant, have a read of this:

In a nutshell, the dept these guys worked in was outsourced to another independent Co. They were offered severance (note the terminology), another job within the existing Co, or TUPE to the new Co.

They opted for severance.

They then within days took jobs with the new Co.

10 months later they were all dismissed and they all claimed statutory redundancy. The new Co claimed with only 10 months service they were not entitled. The tribunal disagreed saying that their previous employment counted toward their continuous employment and therefore they did qualify.

The argument was that because the first Co's dept was moved to the new Co and the three were also later (but with no break) employed there doing the same work (although not as a TUPE arrangement) their employment was continuous across the two companies. Also as they were not made redundant and received only a severance (not stat redundancy) they still qualified.

It's all in the detail!!

[miliitant]

Re: Continuous Employment Start Date

crystal clear now

it helps when a poster gives all the details of their problem

they may think its unimportant but as we have found out

it is all in the details

as in the 7 day being unemployed from one contract to another

thanks for the case law