Redundant, and then a new job with the same company - continuity of employment?

HurdyGurdy

My son has been with his present employer for about 18 months. He was told that he was being made redundant in January 2016, but was then asked to stay on until March to cover someone's maternity leave.

During his talks with the company, it was mentioned that there was a job going within the company (a promotion) that he should apply for. He did, and found out on Tuesday that he has got the position, which is fab.

The position that would have been covering maternity leave has been given to someone else, leaving my son with his original redundancy date. He will start his new role on the first working day following his redundancy.

Given that he will be made redundant, and re-employed, will this all count as one period of employment, or will he be starting again as a new employee, and having to complete two years to acquire any employment protection rights?

Or would this all be dependent on what the company say in their offer letter? He won't get that until after Christmas, and in the grand scheme of things, it's largely irrelevant - he's just glad to have a job - but we were just wondering about it.

torbrex

no .

sangie595

Provided there is no break in employment between the two roles, then his employment will be continuous from his start date.

torbrex

sangie595 wrote: »

Provided there is no break in employment between the two roles, then his employment will be continuous from his start date.

that's new then

getmore4less

Should be continuity if no break of a week(Sat - Sat).

Nothing new it's been the law for years.

Longer breaks can still have continuity under some circumstances.

This would probably simply fall under suitable alternative employment so no redundancy.

LittleVoice

As long as the break in employment does not include two Saturdays then the employment would be continuous. For example a person leaving one job on Tuesday 23 February and starting the new job with the same employer on Tuesday 1 March would have continuity of employment.

Takeaway_Addict

torbrex wrote: »

that's new then

Not that new, a break is normally deemed as two consecutive saturdays gap.

sangie595

torbrex wrote: »

that's new then

So new that I can't actually recall when it wasn't the case. It's part of the 1996 ERA, but I can't recall if it was previous legislation consolidated into the Act. So very new, compared to the abolition of child labour.

HurdyGurdy

Thank you all for your replies. So itt seems like he will be ok - but I guess that as always it will depend on the exact fine print on his offer letter.

As I said, he's just relieved that he's still going to have a job, so overall, it's not really important, but still nice to know

Takeaway_Addict

HurdyGurdy wrote: »

Thank you all for your replies. So itt seems like he will be ok - but I guess that as always it will depend on the exact fine print on his offer letter.

As I said, he's just relieved that he's still going to have a job, so overall, it's not really important, but still nice to know

He is best not saying anything so that 6/7 months down the line if they want to make him 'redundant' then at least he will get a small pay off at the worst.

Takeaway_Addict

sangie595 wrote: »

So new that I can't actually recall when it wasn't the case. It's part of the 1996 ERA, but I can't recall if it was previous legislation consolidated into the Act. So very new, compared to the abolition of child labour.

This was very funny.