Redundancy-Length of service

savings37

Here is the situation....

An employee has worked for company A for 7 years then resigns from the position to work at company B, 3 months later is rehired at company A for 2 years until present.

Redundancy is based on 'last in, first out'. For the purpose of selection for redundancy has the worker got 9 years service or 2 years?

Is service based on continual or total years?

A number of redundancies are imminent.

sharpe106

It would depend how they recorded you. But you will probably find it will only be 2 years service. As you left and joined another company so most companies would class that as a break in employment. 

savings37

Thankyou 

This person is another employee who will be in the list for redundancies, how they interpret length of service may well affect somebodies job ☹️ 

lincroft1710

Unless their terms and conditions of re-employment included a clause to the effect that any benefits of previous service are carried forward to the new employment, then they will looking at whatever is applicable for 2 years service

sharpe106

savings37 said:

Thankyou 

This person is another employee who will be in the list for redundancies, how they interpret length of service may well affect somebodies job ☹️ 

True but then also think about the person who is next above them, if that was you, then you would be pretty annoyed as they got to stay as they had previously left and come back again and you were the one made redundant.  

savings37

sharpe106 said:

True but then also think about the person who is next above them, if that was you, then you would be pretty annoyed as they got to stay as they had previously left and come back again and you were the one made redundant.

Yes, that person above will quite possibly be me 😳

sharpe106

Just have to wait and see how the calculate it. I would think a 3 month break whilst they went to another job would be classed as a break. 

getmore4less

I would be more concerned about last in first out, that is not an appropriate selection criteria for redundancy.

Statutory service would be the latest period of employment. 

sharpe106

As long as it not discriminating  then they can use last in first out. 

thebrexitunicorn

sharpe106 said:

As long as it not discriminating  then they can use last in first out. 

Last in first out tends to affect younger staff disproportionately, so an employer using length of service as the sole basis for redundancy selection may well be discriminating on the basis of age.   

sharpe106

It depends on the workforce but they can use it.