Years Service query

PierremontQuaker03

I started with an agency contract in the company where I am still working at the moment in September 2008 and then on 13/10/2008 I was offered to move from an agency contract to the company payroll with a 6 month temporary contract. I then was offered a 6 month extension and then on 13/10/2009 I was offered a 12 month temp contract extension.

Then from 13/10/2010 I was offered a permanent contract with the company, on which it stated for statutory purposes that my period of continuous employment started from 13/10/2009.

To be honest I have never thought much about it until recently. The company has since been taken over by another US company a few years ago. Then yesterday I got an email yesterday stating congratulations ahead on my soon to be 5 years of service - obviously referring to the perm start date of 13/10/2010.

I have been thinking that I have close to 7 years service rather than the 5 I have been told I have.

Why I am asking this? Well of course its to do with redundancy - I have been thinking well I will stay now with the company until they make me redunandant - but if its only 5 years then that changes things.

Sorry to babble on but I thought I would ask the question here rather that ask my own HR department.

I would be grateful for any advice.

sangie595

Assuming there are no breaks between the contracts, then your continuous service starts at the point you had a direct contract with the employer (not the agency). But if push came to shove, you might have to be able to prove that because you are not challenging the dates that you have in writing - it will be too late later on to say they got it wrong unless you can prove they did.

PierremontQuaker03

Yes there were no breaks in my contract - I have all the back up paper work, letters and contracts - I appreciate the current HR dept don't know of my history as the previous HR person left their post. I dont want to sound threatening but if after they have reviewed my situation and they don't budge then I may say to them that I may take professional advice for clarification.

sangie595

Provided you have evidence, then you do not need to correct their mistake unless it becomes necessary.

PierremontQuaker03

Success! ...well partly. I have contacted them and they have changed my start of service from 13/10/2009. So I am half way their - I want it to be from 13/10/2008. I think I may take independent advice on this to see if I have a leg to stand on as I have very little confidence in our HR department.

PierremontQuaker03

The story continues...
I have just been reading thru my very first 6 month contract dated 13/10/2008 - and it has the line in it "No previous employment counts as part of your period of continious employment".
So I take it when the contract was renewed 6 months later - the first six months service was wiped out, and same again 6 months later when the contract was renewed to 12 months the previous 6 months was wiped out.
When I was taken on permanently I was told that my service would go back to the start (verabally) but it looks as though it only went back to Oct 2009 and not Oct 2008.
I take it I have got no leg to stand on, I signed the contract, didn't check it, so I have lost a years service.
Can they put a line in the contract "No previous employment counts as part of your period of continious employment"? Surely that is unfair - or should I check with an employment law specialist - any advice on who to contact?

getmore4less

The continuous employment overides the contract.

In fact there are plenty of cases where there have been breaks but the intent was continuous and upheld by the courts.

since they have moved once just remind them you started on XX

IF they then say no you have the contracts/payslips to back it up.

It is a good idea to clear up these admin errors while the employment is amicable and there is time to go back and forth till it is resolved.

Come a redundancy situation one lees thing to negotiate

PierremontQuaker03

Thanks for everyone's help , looks like the threat of seeking professional help and my old boss with her input (the verbal agreement of back dating service to my initial start date) has worked and now my official start date is 13/10/2008.
Now I can sit back with 7 years service and wait for my redundancy - which given how bored I am at the moment - cannot come quick enough!