Employment continuity of service, changing contracts, and issue of P45

[Dunkling]

Ok, so to make it an AIBU, AIBU to be concerned and not just sign my new contract instantly.

I've been employed by x company for 4 years on a rolling set of 18 month temporary zero hours contract.

My boss explained they were hoping to stop zero hours and when my contract was next up for renewal it would be permanent.

Yesterday she phoned me at home and asked could she come to my house with the contract to get it quickly sorted.

It stated my holiday accrued would be carried, fine. To download outstanding payslips and current P60 as once on new contract these would disappear on the system. And also that a P45 would be issued and need to be sent back to them again.

In hindsight I'm now thinking about continuity of service... build up of contractual sick pay (I took a lot 1 year ago with operation for cancer), holiday entitlement and redundancy.

Anyone more knowledgeable before I stitch myself up like a kipper, or, look a prat for querying it, help please?

What does the contract say? Has there been any breaks in the zero hours contracts?

The contract should “this contract is effective from xxx date but your continuity of service is is from xxx date (when you first joined)” or something similar.

In a tribunal situation it would likely be assumed you had continued service, but I would go back to you manager and ask if the contract is unclear.

According to current employment law continuity of service is only broken when there is a break of at least one clear week between contracts (with various exceptions for sickness etc)

I can't answer the specific question but DO NOT SIGN unless you are absolutely happy with the new contract

I just switched to permanent contract thanks to continuity of service, they tried to have me sign something basic at first but I held out for better terms. They legally have to give you a contract so you are in a good position.

I did not have to get and return a P45 and my P60s are still in the system, so that sounds weird to me. I would wonder if they are trying to insert a break in service somehow.

Thanks for the replies everyone.

The contract was very basic, and stated start date of the new contract but no mention of continuity.

It DID mention the carrying over of my accrued holidays from zero hours, but then I thought, why mention this if the continuity is being recognized?

I too was thinking are they trying to create a break? I know this wouldn't stand up at a tribunal and they would totally see right through it, but I'd rather avoid all that should I need it and have the recognition at the outset.

I also am wary of having to argue the toss should I take further sick pay, as I would reset back to the original starters contractual sick pay entitlement.

I agree you want to get everything spelled out now. I have heard that tribunals are so backed up, apparently if you wanted to bring a case now it wouldn't be resolved for two years.