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Legal question -If an employment contract continuous date and date of commencement what does it mean?

8 replies

2ways · 20/09/2018 10:19

Name change here

This is a contract after an order for reengagement. A contract has been given to sign with has:

Date of commencement of employment
And
Date of continuous employment.

What is the significance of these. Why would both be put in the contract? The date of the continuous employment is the date joined and the date of commencement of employment is the date a day before dismissal. Does this in any way affect reinstatement awards for lost salary or future rights

OP posts:
Lucy001 · 20/09/2018 10:27

You commenced employment the day behind dismissal? Is that correct?

Although it isn't a legal requirement, some employers issue new statements of written terms when you start a new job. . Usually that would be the fate of commencement for this job. The continuous employment date is the date that you started work for the employer in any role, and have worked for them without a break in employment. They are not always the same date. I have had three jobs with my employer, but my continuous employment is the date that I started my first one.

Lucy001 · 20/09/2018 10:28

Sorry that first line was supposed to read before not behind

2ways · 20/09/2018 11:01

Thanks @Lucy001, ive just checked I got it wrong - the commencement date is very next day after dismissal. Im just confused why the day after dismissal is important why not the date one starts back at the office ?

OP posts:
flowery · 20/09/2018 12:26

It's the day after dismissal so that there's no gap.

2ways · 20/09/2018 12:28

Thanks @flowery...wouldn't just the continuous date of employment be sufficient?

OP posts:
daisychain01 · 21/09/2018 07:41

Difficult to say based on your OP but ime if starting a new post with the same employer they normally state the agreed date when you take up the new post (with confirmation of the new job title). They also confirm that in taking up the new position it does not affect the employee's continuous service (and ideally state what the employee's first date of employment was). This ensures no break in service for pension and other related benefits.

If those dates don't match your records OP I would query them with HR or whoever sent you that letter.

sunshineroo · 21/09/2018 07:44

Hi. Your continuous employment date would be used when calculating redundancy, employment rights etc

The date of commencement in your post is to give you both a record of the length of
Time in that job.

2ways · 22/09/2018 14:12

Thanks very much for all your advice

OP posts:
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