Continuous Service

[DownInTheDumps1]

I have worked in a council owned facility for 15 years, previous to this I worked for a different council for 5 years. As it was local authority my continuous service rolled over between the two councils. I therefore have 20 full years service.

The facility I work at was put out for tender to be externally managed twice in this time- different company awarded the next tender. I have been TUPED on all occasions.

I have 2 positions with separate contracts. My new employers (2nd tender) are arguing that my continuous service should be different on one of my roles as I didn't start it until I was at the 2nd council facility.

I was always under the impression that continuous service was working continuously for same employer- regardless of change of position or new position.

What do you think?

[flowery]

Change of position yes. New additional position no. It is possible to have two separate employments with the same employer. Someone could work for a local authority as a cleaner 10 hours a week and as an administrator 12 hours a week, for example. If the contracts are independent and separate from each other, continuous service in respect of (eg) redundancy pay would be calculated on the basis of how long the person had been employed in the role they are being made redundant from.

What is the reason for the debate with your employer - what issue has come up in which this makes a difference?

[DownInTheDumps1]

Yes, redundancy. From what you say flowery then they are right.

I have a catering role, and a crèche role. I'm being made redundant from crèche which I took on once I started working for second council.

However nowhere have they got a continuous start date other than the original date I started with 1st council. My continuous date is on my contracts and on a TUPE list.

[flowery]

Ok then your redundancy from the crèche role will be calculated on the basis of the date you started that particular contract, as for that contract, that will be the continuous service date.

[DownInTheDumps1]

Thanks flowery both my contracts have the same continuous service date on them, from first councils start date.