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Continuous service if you return to an old job soon after leaving

14 replies

Flamingowild · 08/03/2023 18:58

I know nothing about employment law/contracts etc and assume that the answer to this won't be what I want to hear, but before I make an idiot of myself at my previous organisation can anyone advise me if this is a thing?

I left my old job last week, worked my notice period as required, left on good terms. I've been in my new role just 3 days and I have huge regrets. It's been sprung on me that I would have to work additional hours that are not in my contract. I know that's a separate issue in itself, but for now I am just desperate to return to my old post.

I had several years continuous service by the time I left the previous job. Does anyone know if there is any such thing as a cooling off period or even a period of time that one has to be able to return to an old job and still have the same terms that they left on?

It's obviously I assume quite an unusual situation. The reason this is important is the role I would be returning to is fixed term and my continuous service would mean I would have protection from redundancy if there was no opportunity for permanent at the end of it.

Thank you.

OP posts:
Ceryneianhind · 08/03/2023 19:00

In a word, no

If they are desperate to have you back, they may offer something, but it's unlikely, why would they

KateAusten · 08/03/2023 19:05

You left your old job for a reason now you've got rose tinted glasses on looking back at it

You can't leave a job and then go back and expect it to still be continuous employment

MrsMSM · 08/03/2023 19:05

You are absolutely not entitled to a continuation of your previous service and will be bound by new terms and conditions of any new contract (my organisation has grown from a lot of acquisitions, colleagues who were employed by company 1 have what we call golden contracts- amazing holidays and perks for continuous service- if they left and came back they would be on a very different contract)

however if you were an extremely valuable and critical/well respected employee you may be able to negotiate some of those benefits of continuing service
what benefits have you lost or what are you worried about specifically (2/3days holiday not that bad could be negotiated, 2 years guaranteed full pay for sick maybe not)

have they filled your old role?

CitrusHaze · 08/03/2023 19:09

I've known someone who negotiated this on their return

Littlegoth · 08/03/2023 19:11

I work in HR. This page explains it well:

www.davidsonmorris.com/continuous-employment/

Roselilly36 · 08/03/2023 19:14

Check with Acas, it used to be classed as continuous service if you returned within a month, this may have changed? Some employers are more generous than others. Are your previous employers prepared to take you back OP, they wouldn’t be under any obligation to do so.

DorritLittle · 08/03/2023 19:16

I have done this and was given continuous service but I had to ask.

RosesAndHellebores · 08/03/2023 19:18

8 days including a Sunday means service is broken. If you have lengthy previous service and it's a fixed term role, I doubt an employer would agree to you returning before 8 days.

If you had long service and were coming to the end of a fixed term contract you would have been entitled to statutory redundancy. What made you leave?

good96 · 08/03/2023 19:22

I’m afraid not. You left your employment and therefore if you return, this will initiate a new contract. You won’t get continuous service. The only time you will is if you were dismissed and then reinstated on appeal.

Quveas · 08/03/2023 19:22

Roselilly36 · 08/03/2023 19:14

Check with Acas, it used to be classed as continuous service if you returned within a month, this may have changed? Some employers are more generous than others. Are your previous employers prepared to take you back OP, they wouldn’t be under any obligation to do so.

That had never been true. Its a week. But the old employer can easily evade that by having on a few days.

SaltyGod · 08/03/2023 19:26

I've seen it done once. They really wanted her back.

I tried to get it once but was denied, but did negotiate the same benefits that the extra service would get me, so wasn't too aggrieved.

Rooma · 08/03/2023 19:26

No but it is possible. I've left and come back in 3 months and when my role was made redundant some years later the company honoured my whole tenure not just the second stint. I was lucky though

Flamingowild · 08/03/2023 19:29

RosesAndHellebores · 08/03/2023 19:18

8 days including a Sunday means service is broken. If you have lengthy previous service and it's a fixed term role, I doubt an employer would agree to you returning before 8 days.

If you had long service and were coming to the end of a fixed term contract you would have been entitled to statutory redundancy. What made you leave?

I didn't know at the time that I'd be able to get redundancy. I found out on my last day in general chit chat. Also I felt this new role would be a development opportunity for me as it was slightly more responsibility and slightly more money. My previous employers supported me in this decision as they knew they couldn't offer me anything at the time that would give me what I (thought!) I was looking for.

OP posts:
Flamingowild · 08/03/2023 19:30

Thanks all for the info. The link above was particularly helpful.

OP posts:
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