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Original poster

Question about Continious Service

23 replies

YellowRoses100 · 05/01/2024 14:46

Hi

I had 16 years of CS when I left my old job (in a Local Authority) and I had 35 days annual leave. I left to work in a private school. But I am going back to my old Authority in Easter. Would I still be entitled to the Continuous Service? I'm not sure as the school is a charity and not run by the LA. If I don't get my CS then my annual leave drops to 29 days a year
I've had a look online and can't work it out! Does anyone know??

OP posts:
PinotPony · 05/01/2024 14:48

I wouldn't have thought so. It's not been "continuous service". You left for another job.

CornishPorsche · 05/01/2024 14:54

Unlikely, it's not a related employer so it'll be a break in service.

That's said, you could negotiate it as part of your starting package and ask them to honour your prior service for the purposes of AL.

I did that in the CS - I was on max AL in my previous agency where the rules were different and AL wouldn't have qualified for max AL in this one for another 5 yrs. I negotiated retaining my AL days at 30 not 25.

Megifer · 05/01/2024 14:57

Too much time will have passed and caused a definite break in service. They could allow it to be continuous although they'd be very foolish tbh.

Megifer · 05/01/2024 14:59

You might have better luck trying to negotiate more holidays, if they granted CS that has all sorts of implications for redundancy, employment rights, benefits connected to CS etc.

Neriah · 05/01/2024 16:43

Megifer · 05/01/2024 14:59

You might have better luck trying to negotiate more holidays, if they granted CS that has all sorts of implications for redundancy, employment rights, benefits connected to CS etc.

Local authority terms are fixed. There is no negotiation on such terms. If one new starter gets more holidays than the nationally agreed terms, then the precedent will start an avalanche no authority could withstand.

The only possible negotiation might be the point in the scale at which someone starts, and almost always only if they are already paid more than the bottom of the scale. Other terms and continuous service are not negotiable.

IcouldbutIdontwantto · 05/01/2024 16:52

No, no harm in asking? My DH did that just after he left and then rejoined an old employer, so was entitled to more holiday and better paternity/shared parental leave benefits.

Overthebow · 05/01/2024 16:55

If you previous job wasn’t your local authority then you likely won’t have continuous service.

Original poster
YellowRoses100 · 05/01/2024 17:12

Thanks. I did ask the HR person and they said that the CS would be honoured snd then they said that they would want my current employer to confirm it. But I wasn't sure they could as its not the Local Authority.

I will reach out to HR on Monday. Thanks everyone!

OP posts:
Neriah · 05/01/2024 17:46

If they said that then that is highly irregular. HR can expect a world of pain when the entire workforce and unions find out.

Overthebow · 05/01/2024 17:50

YellowRoses100 · 05/01/2024 17:12

Thanks. I did ask the HR person and they said that the CS would be honoured snd then they said that they would want my current employer to confirm it. But I wasn't sure they could as its not the Local Authority.

I will reach out to HR on Monday. Thanks everyone!

Do they think that your current school is a state school? It’s usual for CS to carry over with state schools even if it’s different local authorities. It’s not necessarily the same for private or other set up schools.

Original poster
YellowRoses100 · 05/01/2024 17:51

I'm not really bothered by the CS itself. It's the annual leave I would like more of! I'm a social worker, we never get made redundant. Can I negotiate more annual.leave?

OP posts:
Original poster
YellowRoses100 · 05/01/2024 17:57

I'm not sure. Maybe?

OP posts:
Neriah · 05/01/2024 18:34

YellowRoses100 · 05/01/2024 17:51

I'm not really bothered by the CS itself. It's the annual leave I would like more of! I'm a social worker, we never get made redundant. Can I negotiate more annual.leave?

Same as my last reply... we'd all like more annual leave. Local authorities have clear terms. Negotiated nationally. Whatever you worked before, you are now a new starter. Why should you get more leave than someone who had done 2, 3, 4 years since starting? I'm a local authority senior manager, and union rep. Sorry but we'd go mental if you you to break nationally negotiated terms. You'd be the only one working because the other social workers would be on strike.

You chose to leave. It's arrogant to think that you have more rights than people who didn't.

Original poster
YellowRoses100 · 05/01/2024 18:58

NERIAH ! Calm down! It's a question. Why are you getting all vexed over this!!!

This is a forum to ask these questions and get answers. Nothing I've posted about is set in stone!!

At what point did I post that I believe I have "more rights " than anyone else?? I asked whether my Continuous Service would count as I am working in a private school as I wasn't sure how it works.

I don't really know how I would break (little old me) nationally negotiated terms?? 😅🤣😅🤣😅

Anyway thanks for the points. You've made my evening. 😄

OP posts:
DontBeAPrickDarren · 05/01/2024 19:05

The LA I’ve recently left is so desperate for social workers it wouldn’t surprise me in the slightest if they agreed to a request for additional annual leave (up the maximum offered to current employees anyway). They offer honorariums above the standard T&Cs and I don’t see annual leave is much different.

Vitriolinsanity · 05/01/2024 19:11

Theoretically no. A private school would be considered out of the scope of CS. However, if you're going back to the same LEA and they need your skills they may well negotiate and rehire you back. Can't hurt to ask. Education recruitment is under significant pressure now, it's not all about the Term Time Only now. If your holiday allocation was 35 days I'm assuming you were pretty senior (my own is 38 and I am senior) so make your case.

Vitriolinsanity · 05/01/2024 19:15

I assumed you are in education. Apologies if not but the gist still stands.

As the recruitment manager I wouldn't give a shiny about the Union. I'd make sure you understood your contract terms are confidential, and let's face it if you secure the terms you're hardly going to seek out a Neriah are you?

Neriah · 05/01/2024 19:17

You are so entitled. There are social workers who've done 30 years and you want the same leave they get when you are just starting? Private schools are not part of local authorities. You know that.

You have had several replies telling you that you don't have continuous service and why. But you persist in wanting terms that people have because of their service.

Good luck with that.

LaurenCuthbertsonStanAccount · 05/01/2024 19:21

I was allowed continuous service when I left a job and came back about 5 months later.(This wasn’t any sort of entitlement- just part of the package they offered me- but it’s worth asking.)

Original poster
YellowRoses100 · 05/01/2024 19:28

Thanks Vitrioinsanity. Makes a lot of sense. Social workers do usually get more annual leave as its an incentive. I will ask and see what they say! I've been qualified for 26 years so not much bothers me. Yes I was a senior manager before and am in the school now too. The told I'm going into is higher up too. They can only say no!!! I've had loads of workers in the past ask for more leave etc, but I can't really remember the details!!

Have a great weekend all 🙂

OP posts:
FizzyStream · 05/01/2024 19:32

I was trying to find out about the same in the NHS. It's very difficult to understand but I think the continuous service mainly applies to things such as sick leave, mat pay entitlements etc and the total amount of service is what determines your annual leave. I may be wrong but that's what I believe it meant. It may also be different for LA to NHS.

NYName · 05/01/2024 20:14

Yes @FizzyStream in the NHS the additional annual leave is for long service (in the NHS)
I don't think it has to be continuous

vivainsomnia · 05/01/2024 20:31

With the NHS, once you've reached 10 years and get 33 days holiday, you never lose it, even if you leave and come back 10 years later.

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