Definition of Years of Service

BBB.

Could anyone help with this question about years of service in the following example?
If an Employee worked at company for 5 years as a contractor. Then was taken on as an employee for the same company doing exactly the same job as before for a further 5 years. If redundancy was calculated would they have 5 years of service or 10 years of service.
I think I know the answer but can not find anywhere to check on internet or this forum.
Many thanks for any help...

getmore4less

Depends on the contract(s).

If an employee with continuation then there is a chance of the longer term may apply

More details required.

BBB.

Ok Thanks I will have to ask someone in the position however I am not sure what details are required. I apologise but I am not sure of the questions I need to ask

Emplawyer

BBB. wrote: »

Could anyone help with this question about years of service in the following example?
If an Employee worked at company for 5 years as a contractor. Then was taken on as an employee for the same company doing exactly the same job as before for a further 5 years. If redundancy was calculated would they have 5 years of service or 10 years of service.
I think I know the answer but can not find anywhere to check on internet or this forum.
Many thanks for any help...

If the first five years were as you say as a contractor providing services (ie they could choose whether or not to take the work and were responsible for their own tax affairs etc) then the employment contract goes back only for the 5 years they have worked as an employee.

BBB.

Ah Thanks, In these cases it was agency staff. These employees were agency staff working for someone like Manpower or Adecco. The employee was paid by the agency. After a period (in some cases more than 5 years) they moved from being Agency staff to an Employee of the company and continued doing exactly the same job. In this case do the years of service include the years spent as an agency ?
Many thanks.

BBB.

I have been advised by ACAS that the years of service will be just the years directly employed for the company. So if they worked for the agency (Manpower and Adecco in this case) full time for 5 years then moved to be on the company pay roll directly (doing the same job) for another 5 years they would be entitled to 5 years length of service when (if) redundancy is calculated.
Could anyone confirm this is correct. Many thanks

Emplawyer

Yes it is correct.

BBB.

Not the reply wanted but the answer I thought... Thanks