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Original poster

Length of service

18 replies

Stumpy54321 · 05/10/2023 15:04

Hi

After some opinions please.
I have worked for the same company for 20 years. For around 8 years I worked full time until I had my first child then after taking 6 months off maternity I went back as a casual worker as I couldn’t commit to regular hours. After a couple years I had another child again taking 6 months off maternity but when I went back I went onto a permanent contract. My question is, how long is my official length of service? Is it from the first day 20 years ago or from when I went back after my 2nd child? Did the time I spend working casual break my service record?

OP posts:
Mmmmdanone · 05/10/2023 15:40

I think in my work the casual job would break the service. After your first maternity leave were you not able to go back permanently? I thought they had to keep your original permanent job for you if on maternity leave from a permanent post?

Mmmmdanone · 05/10/2023 15:41

Oh sorry, I see it was your choice!

SharonTheHappySquirrel · 05/10/2023 15:43

Did your casual contract have a continuous service date on it, that referenced your original start date, or did it start again as a complete new contract?

Original poster
Stumpy54321 · 05/10/2023 16:08

Hi thanks for your reply. I do not ever remember getting new contract. Casual or otherwise.
I have got a Copy of my contract and although my position within the company has changed it says my current position, but has my start date as the one back 20 years ago. So confused as on my works portal that shows my personal details has the date from when I went back after gp having 2nd child.

OP posts:
Sisterpita · 05/10/2023 17:29

A factor will be what happened when you went from permanent to casual I.e. did you take 12 months Mat leave and then immediately return to work on a casual contract. For example Mat leave ends 30 September casual contract starts 1 October or did you resign and take Mat leave then go back as a casual?

I assume you are either asking for redundancy or to get time served benefits. If you have a contract from when you first started 20 years ago and are sure no other contracts or letters/emails were issued varying your contract then your length of service would most likely be your original start date.

BlueYonder57 · 05/10/2023 17:40

By "casual" (which didn't really exist in law) do you mean that you had no contractual hours and were not obliged to work - what is usually called a zero hours contract? If that is the case, then the previous advice is incorrect, and the relevant date is when you returned after the second child. Zero hours contract status is as a worker and not an employee. Employee status is required for continual service.

If it came to a dispute all the detail would be in consideration- not just the date on your contract, because employers can make mistakes.

Can I ask why it matters? Because the advice could be better if we had more information.

Original poster
Stumpy54321 · 05/10/2023 18:24

Hi. Yes I went back after maternity leave to what’s now called a zero hour The reason I ask is because it’s now 20 years and would be entitled to things after this time

OP posts:
Original poster
Stumpy54321 · 05/10/2023 18:26

Hi. Yes went back straight away no gap in actual service. Yes want to know as after 20 years my benefits change

OP posts:
HolaPepper · 05/10/2023 18:30

In my workplace your original start date would still be valid as your continuous service date.

Do you have any paperwork that states otherwise?

Have you ever received a P45 to terminate your employment with your current employer?

Do you have a letter that confirms your employment has been terminated, including the reason?

Have you ever resigned?

caringcarer · 05/10/2023 18:31

Check with HR.

Original poster
Stumpy54321 · 05/10/2023 18:38

Nope never resigned. My actual contract says the start date of 20 years ago

OP posts:
icantchangetime · 05/10/2023 18:40

Your best bet is to contact ACAS for proper advice that is accurate. Everything here is speculation

Original poster
Stumpy54321 · 05/10/2023 18:54

Yes I’m thinking of that. Just wanted some opinions as to whether it was a definite thing or on an employer by employer thing

OP posts:
Snipples · 05/10/2023 20:30

I would say it would be difficult for your employer to argue that your service isn't continuous. You have never not been employed. A zero hours employee is still an employee (I'm an employment lawyer if it helps)

Original poster
Stumpy54321 · 05/10/2023 20:42

Thank you I will give ACAS a call and see what they say.

OP posts:
Sisterpita · 05/10/2023 21:57

@Stumpy54321 as you have had no breaks your employer would find it very hard to argue you don’t have 20 years continuous service.

I am surprised you get additional benefits after 20 years because that is potentially age discrimination. 5 years is considered OK but after that you need a strong objective justification to do it based on service.

Original poster
Stumpy54321 · 05/10/2023 22:51

Hi. The benefits are just like long service rewards and actually looking at potential redundancy as well so my length of service would impact that.

OP posts:
Sisterpita · 06/10/2023 01:08

@Stumpy54321 that makes sense.

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