Break in service during recruitment period

[megkai]

hi just wonder someone would give an advice. I was TUPE'd over to a partner organisation (private) from the local authority. I kept all continuous entitlements - annual leave, sick payment, pension when I was TUPE'd. I voluntarily resigned from the partner organisation as I was offered a position within the same local authority. As this happened within 5 years, I was assured by the local authority my continuous service entitlements will be transferred. However there was a delay in recruitment process and this created the gap between jobs more than a week (It could be 2-3 weeks). The local authority is saying this is a 'gap' and my continuous service will have a break. In this situation, the period of recruitment process will count as 'continuous' or not? I believe I have a strong case again the local authority's recruitment's process so if I take any legal actions, are there any chance I could keep my entitlements? as if no chance, I might have to think about the next move. Thank you in advance.