Length of Service

getmore4less

I suggest that the OP clarifies with the current employer the continuous service BEFORE it becomes an issue again.

Once clarified if the severance offer is based on a multiple of statutory redundancy that that is the service that should be used.

Sambella

Email from HR which came to me with answers from various people

From person 1. ' memo dated October 2002 confirms that if there was no break in service between end of placement and the start of direct employment then service should be considered continuous from the beginning of their placement.'

Person 2 ' can _____ be amended to reflect that Sambella's continious date of employment is October 1995 and not June 2002. Her service through the other contract is recognised as continuous service'

Sambella

Then there is another which says my service has changed to 20 yrs 4 months reckonable service. This was a few months ago obviously.

sangie595

To be honest, instead of spending money on legal advice (this won't come free of charge) I think you should try to clarify with the employer and get a definitive answer from them. The law is absolutely clear that the holder of your contract is the employer, and you have said that the holder of your contract originally was this agency, and you only entered into a direct relationship with your current employer after obtaining a permanent position. If this went to a tribunal, all the employers lawyer has to do is ask you that question, and your case in over (assuming, which I am, that you are going to answer truthfully). You know that you were employed directly with the agency and not with your current employer. So everything else becomes irrelevant - in law. And clearly HR know this, or they wouldn't be saying what they have, that your continuous employment is less than the 21 years. That is based on what you have said about your contractual terms over the period.

Now if you have misunderstood the contractual terms and you were not employed by the agency, but recruited by the agency for the employer, that would be different. Are you sure that you have understood this all correctly?

The other thing to check is whether there is a cap on voluntary redundancy payments - a maximum number of years reckonable service. As Undervalued pointed out, voluntary redundancy doesn't exist, so the employer can set any rules they like because you aren't really being made redundant.

Sambella

Absolutely I would be truthful but I don't really have any intention of going as far as that.

The emails I got from HR mention that I have 20 + years of reckonable service ( I had forgotten about that one)

I will speak to the union and the old organisation before approaching HR.

getmore4less

There is the possibility that they treat this as a transfer of the service and service provider in house under TUPE.