Continuous employment

[patricianay]

Please can someone advise me. I worked for the same employer , in a care home,from April 1999 but had a break in 2012(unpaid leave)with the consent of my employer for 10 weeks.I was then off for 5 months on sick leave receiving ESA as I wasnt entitled to SSP. When I was well enough I returned to work in Dec 2012 but went to work in her nursing home doing the same job.During my break there was no end of contract or no P45 given to me, I was told my job was safe.by my employer However I did receive a P45 from the Care Home in Jan 2013 after starting in the Nursing Home but just continued working for the same employer in the Nursing Home.The company changed in January 2014 and all employees were transferred under TUPE ,it was the same employer just a different name. We were all made redundant from the Nursing Home in November 2014.The company is now under CVA and the administrator has told Redundancy payments that I started work in Nov 2012 when I went to the Nursing Home ,stating that my unpaid leave and sickness constitutes a break in employment. I am out of my mind with worry and would be grateful for advice.Redundancy Payments have refused payment on the information provided by the administrator but I have sent all the necessary documents to them and am waiting a decision but until I hear from them I would be grateful for any advice

[Kati]

Re: Continuous employment

[MENTION=19071]teaboy2[/MENTION] ... can you offer any advise please?

[teaboy2]

Re: Continuous employment

What was your reason for the 10 weeks unpaid leave?

Is there any provision for taking unpaid leave in your contract of employment?

Do you have confirmation in writing that the employer agreed to your unpaid leave?

Need answers to the above to give you the correct answer

[patricianay]

Re: Continuous employment

Thankyou so much for replying. It was a personal matter beyond my control which my employer was fully aware of and was very sympathetic. There was nothing in writing, as soon as I was well enough I went back to work . There's nothing about unpaid leave in my original contract I have evidence from my doctor confirming I wasn't well enough to return to work after the unpaid leave. Because I hadnt worked continuously for 8 weeks before I became ill I wasnt entitled to SSP so claimed contributary ESA. I have had an email from my ex employer (on Saturday) wishing me well with my redundancy claim but she stressed that the administrators are now responsible for my claim. I have read that a Tribunal considers employment to be continuous unless there is evidence to prove it isn't .As Ive stated I just went back to work ,no new contract only when the company changed names (but still the same employer) and all employees were given one and told we were covered by TUPE. That is when my start of employment was wrongly documented on the new contract. When I showed my manager and pointed out the error (she was new and didn't realise I had previously worked in the care home for 13 years) she said my employment was classed as continuous anyway under TUPE,but wrote my original date of starting on the new contract which I got in 2014. Oh how I wish I had got her to rectify the mistake then!!! I would be very grateful for any advice I realise this is all very complicated,thankyou so much for your time

[teaboy2]

Re: Continuous employment

I need to know why you took unpaid leave, PM me if you rather not disclose it publicly! Though generally, during pre-arranged unpaid leave the employee remains under a contract of employment and continuity of service will therefore not be broken. But your reason for leave may be a statutory right to which you may have been entitled to paid leave not unpaid!

[patricianay]

Re: Continuous employment

Many Thanks for your help just waiting for a decision from Redundancy payments

[teaboy2]

Re: Continuous employment

keep us updated.

For the benefit of others, unpaid leave that was arranged and agreed with the employer, does not amount to a break in employment!