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Can I please enquire as to where I stand with regards to my continuous employment?
I have recently taken a full time employment post with XYZ County Council after various continuous back-to-back FTCs doing the same work, reporting to the same manager, in the same department:
• I was in post 1234 - from 19/10/2009 - 18/10/2010.
• I was then in post 5678 - from 19/10/2010 - 18/10/2011.
• XYZ County Council requested I was temporarily transferred to ABC Recruitment , an approved agency through their agency system before my contract was up, so in between 18/10/2011 and 13/02/2012 I continued in post 5678 but was paid by an agency for 12 of those weeks.
• I was then asked to leave the agency and go back on an FTC in post 5678 as of 13/02/2012 again until the present. My employee number has remained the same throughout.
On my profile, my "Original Start Date" is correct, showing as the 19/10/2009, but my "Current Start Date" is incorrect as it shows 13/02/2012. So I have “lost out” on 2 and a bit years continues service, which means I get 2 days less holiday and a couple of other things (mainly the holiday I’m fussed about).
I was under the impression this counts as continuous employment as per https://www.gov.uk/continuous-employment-what-it-is where it includes where it states Continuous employment is when an employee has worked for one employer without a break, and includes "when an employee moves between associated employers" which is what I thought the approved agencies are classed as. My employment contract was also with XYZ County Council during this time, not the agency.
My HR department have said that they are aware of ABC Recruitment being recognised as an agency through their systems but not that there is any special agreement that continuous service would be recognised. They said that during this period the agency invoiced XYZ County Council for the hours that you worked for them so you would have been paid by ABC Recruitment.
I believe the agency work was because I had already been with XYZ County Council for 2 years (19/10/2009 to 18/10/2011) and thus my “rights” at the time were to change if my contract was further extended to cover a period greater than 2 years, thus being forced to change to an agency seemed a way around this for XYZ County Council.
I was then moved back to an XYZ County Council FTC at the point where my agency work would pass the point where my “rights to equal treatment” would apply (which came in under new European rules on 1st October 2011).
If XYZ County Council are not classing this as an associated employer then could I class this time as a “Temporary Layoff” (https://www.gov.uk/continuous-employment-what-it-is) which would still allow continuity to be unbroken?
If they still insist that there is no continuity then can I act on unfair treatment of fixed term contractors for less favourable conditions?
Kind regards
BP
I have recently taken a full time employment post with XYZ County Council after various continuous back-to-back FTCs doing the same work, reporting to the same manager, in the same department:
• I was in post 1234 - from 19/10/2009 - 18/10/2010.
• I was then in post 5678 - from 19/10/2010 - 18/10/2011.
• XYZ County Council requested I was temporarily transferred to ABC Recruitment , an approved agency through their agency system before my contract was up, so in between 18/10/2011 and 13/02/2012 I continued in post 5678 but was paid by an agency for 12 of those weeks.
• I was then asked to leave the agency and go back on an FTC in post 5678 as of 13/02/2012 again until the present. My employee number has remained the same throughout.
On my profile, my "Original Start Date" is correct, showing as the 19/10/2009, but my "Current Start Date" is incorrect as it shows 13/02/2012. So I have “lost out” on 2 and a bit years continues service, which means I get 2 days less holiday and a couple of other things (mainly the holiday I’m fussed about).
I was under the impression this counts as continuous employment as per https://www.gov.uk/continuous-employment-what-it-is where it includes where it states Continuous employment is when an employee has worked for one employer without a break, and includes "when an employee moves between associated employers" which is what I thought the approved agencies are classed as. My employment contract was also with XYZ County Council during this time, not the agency.
My HR department have said that they are aware of ABC Recruitment being recognised as an agency through their systems but not that there is any special agreement that continuous service would be recognised. They said that during this period the agency invoiced XYZ County Council for the hours that you worked for them so you would have been paid by ABC Recruitment.
I believe the agency work was because I had already been with XYZ County Council for 2 years (19/10/2009 to 18/10/2011) and thus my “rights” at the time were to change if my contract was further extended to cover a period greater than 2 years, thus being forced to change to an agency seemed a way around this for XYZ County Council.
I was then moved back to an XYZ County Council FTC at the point where my agency work would pass the point where my “rights to equal treatment” would apply (which came in under new European rules on 1st October 2011).
If XYZ County Council are not classing this as an associated employer then could I class this time as a “Temporary Layoff” (https://www.gov.uk/continuous-employment-what-it-is) which would still allow continuity to be unbroken?
If they still insist that there is no continuity then can I act on unfair treatment of fixed term contractors for less favourable conditions?
Kind regards
BP
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