Continuous employment question that I can't find answers to!

Continuous employment question that I can't find answers to!

Author
Discussion

MitchT

Original Poster:

15,838 posts

209 months

Friday 24th October 2014
quotequote all
1: Say you've worked for a company for ten years and you apply for a new role within the same company and secure that position, but are made redundant after a year, do you get A: 11 years' redundancy money or B: one year?

Assuming 'A' is the case ...

2: Say the new role is for a fixed term, such as a maternity cover, would you be deemed to have forfeited your redundancy rights as you knew that the new role would end for you when the person who'd taken time off returned, or would you still be paid redundancy on the basis of 'A'?

Lotus Notes

1,199 posts

191 months

Friday 24th October 2014
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In my experience (which is quite broad), the term continuous employment is used; Thus, the redundancy will be applicable for the length of service within the company.

As for the maternity cover, my experience relates to assignments overseas, whereby another role at the equivalent level/position should be open to you after the temporary (assignment).

Have you talked with HR about the situation?

MitchT

Original Poster:

15,838 posts

209 months

Friday 24th October 2014
quotequote all
As you say, I can speak with HR but I wondered if there was an overriding legal precedent. If you knowingly give up a secure role which you've held for over a decade, for a temporary one, and there's nothing for you when the temporary role ends, do you get full redundancy or can they say "tough, you knew what you were doing"?

Lotus Notes

1,199 posts

191 months

Friday 24th October 2014
quotequote all
I doubt very much the 'tough you know what...'

You will have a contract which is indeterminate, i.e. with no end date, the company needs to adhere to this. My only advice is to seek legal advice and follow it.

MitchT

Original Poster:

15,838 posts

209 months

Friday 24th October 2014
quotequote all
I think legal advice is a bit much as it's merely that such an opportunity may arise, not that I'm in any such situation. If such an opportunity did present itself I'd seek clarity in writing before pursuing it.

Sheepshanks

32,705 posts

119 months

Friday 24th October 2014
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Doesn't help but we couldn't get a straight answer to this when our daughter was in the same position in the NHS, where you'd think it would be obvious (pension and holiday entitlement, for example, link no problem).

She moved from a permanent job to a fixed 12 month training contract. Plan was to pass the training and be taken on permanent. Then the funding went all wobbly and their contracts were being extended on a month by month basis with the threat that the funding could stop at any moment and they'd have their contracts terminated. Even a girl she was at uni with who is quite high up in NHS HR didn't have a clue about the length of service position, and none of the various unions involved seemed sure. It looked like they might have got it based on service, but it would be the statutory minimum so wouldn't have been a big deal anyway.

In the event 4 of them interviewed for 2 permanent jobs. Daughter got one and the unsuccessful 2 continued to be strung out on a month by month basis and both found other jobs and left.

anonymous-user

54 months

Saturday 25th October 2014
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OP, you would have continuity of employment for the full period of your service and would not forfeit the rights that go with that.