Ongoing temporary contract to end to break service

Geordiewanderer · 23 November 2015 at 3:41PM

Hi,
I have been on temporary contracts of various lengths with the same local authority since June 2014. I found out the week I was due to finish that I was being kept on, but this would be until mid March and I would be laid off for 2 weeks before beginning again in April, to break my service and prevent me from having 2 years continuous service which would give me more employment rights. It would also mean I would start from the bottom of the payscale again as I have gained small increments and additional leave with being here since June 2014.
I believe that breaking service on purpose such as this is unlawful and my employer (especially a local authority!) can't do this but am not 100% sure on this as various google searches are quite vague and I can't find a definitive answer.

Any advice would be most appreciated.

sangie595 · 23 November 2015 at 4:50PM

Geordiewanderer wrote: »

Hi,
I have been on temporary contracts of various lengths with the same local authority since June 2014. I found out the week I was due to finish that I was being kept on, but this would be until mid March and I would be laid off for 2 weeks before beginning again in April, to break my service and prevent me from having 2 years continuous service which would give me more employment rights. It would also mean I would start from the bottom of the payscale again as I have gained small increments and additional leave with being here since June 2014.
I believe that breaking service on purpose such as this is unlawful and my employer (especially a local authority!) can't do this but am not 100% sure on this as various google searches are quite vague and I can't find a definitive answer.

Any advice would be most appreciated.

Have the local authority specifically told you that this is the reason? If not, have you asked them for the reason?

You are not going to find a definitive answer - law on this area is situation specific and until / unless there is an explanation from the local authority, it won't give you an absolute answer. I can think of several reasons for a break in employment at that point in time which are god and sound reasons. But I won't give those away right now in case somebody else tries using them.

Geordiewanderer · 25 November 2015 at 7:16PM

When I asked my manager about the contract she said they would have to finish me mid march to break my service as I had been with them nearly 2 years......I also know that in the organisation policy regarding temp contracts it says they cannot break service for this reason.

As with many things in the organisation, the manager does what she likes and says 'its always done like this'. Unbelievably the other staff fully accept it!

I'm still waiting for my letter, which will say when my contract is due to end....she said two weeks ago when I saw her about it that the letter was in the post but I'm still waiting.....

sangie595 · 25 November 2015 at 9:53PM

Here's the catch. You have no evidence that this is the reason. But you have to challenge it as soon as it happens - you cannot wait until some time in the future. And I will lay bets that your contract has a clause that allows for termination (notice) during the contract (every local authority contract I have ever seen does). So they can decide that you are no longer needed and give you notice. So it depends whether the job, the pay, and a risk of a tribunal for unfair dismissal, is something you have a taste for playing with.

It isn't at all unbelievable that other employees let the employer get away with it. It is actually the norm!

Ongoing temporary contract to end to break service

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