Break of Service

flower11

Been an FE college lecturer since November 2001. Made redundant as of beginning May.

Have been told that as I was moved from the monthly hours worked payroll for acadmic year 2001 to 2002 to the yearly hours divided by 12 system and paid monthly from academic year 2002-3 onwards that there is a break in service between the July and September and as such my redundancy is being based as being employed since September 2002!

Are they getting me on a technicality or are they hoping I won't query it?

Your thoughts appreciated. Thank you.

little_girl_lost

A read of this page might be helpful to you, - direct.gov.uk/en/Employment/Understandingyourworkstatus/Workersemployeesandselfemployment/DG_175988 (Sorry I cant post links being a new user )

Did they change your contract at the point when they changed your pay method?
According to the above article that is important.

Im sorry to say I dont know enough to offer real advice, however, ACAS specialise in that kind of thing.
You should contact them.

Good Luck x

Pont

flower11 wrote: »

Been an FE college lecturer since November 2001. Made redundant as of beginning May.

Have been told that as I was moved from the monthly hours worked payroll for acadmic year 2001 to 2002 to the yearly hours divided by 12 system and paid monthly from academic year 2002-3 onwards that there is a break in service between the July and September and as such my redundancy is being based as being employed since September 2002!

Are they getting me on a technicality or are they hoping I won't query it?

Your thoughts appreciated. Thank you.

My thoughts are no, your employer is incorrect. Refer them to County of Cornwell V Prater - there's rucks about this case online.

http://www.thompsons.law.co.uk/ltext/110-individually-contracted.htm

flower11

Thanks for that.

No change of contract of employment ... in fact never saw one until a couple of years later when they did something called "modernising pay" and then everyone got one.

They are giving me 3 months PILON plus 30 days for redundancy notice, although my contract states 4 months notice is required. My thinking is that they are hoping I haven't read my contract ... or maybe they haven't!

little_girl_lost

My thinking is that they are hoping I haven't read my contract ... or maybe they haven't!

Agreed!!!!

flower11

Have just fired off an email to head of HR. On close inspection the only things they appear to have gotten right on my redundancy statement, apart from the date, were my name and age!!