2-year service: If I move departments, will the 2-year "timer" re-set to zero?

Saver84

Please can somebody help me. I’ve searched online but cannot find the answer.

 

My question is regarding the 2-year service. 

I have been doing an admin role for 1 year 3months. My coworkers are toxic. I would like to apply for another admin vacancy in another department.

 

Question 1: If I were to change departments, would the 2-year service continue counting, i.e.

 1st admin role (department A): 1year 3months

2nd admin role (department B ): 9 months
______________

2 years of service

 
 Question 2: Or, would the 2-year service “timer” be re-set when I move to another department within the same organisation.

 

If at all possible, please can you post a link to the source that you are basing your answer on? I couldn’t find any info on the gov.uk website.

If you would like clarification regarding my situation, please let me know.
Thank you.

General_Grant

If you are thinking about the two-year qualifying period which gives extra protection in relation to unfair dismissal, then it is the time with the employing organisation which counts, not the job or department you are in.  So, as long as there wasn't a break between the two positions then the clock would continue to run from the date you were first employed: it would not be re-set.

I don't think there will be a link which tells you that it is not re-set when moving departments because the law is about the employing organisation not individual jobs within the organisation.

AskAsk

if the jobs are within the same company then it will be considered continuous service.  if you apply for the other job, it will be a transfer of role internally.

Dox

Service is automatically continuous if your employer remains the same and there is no break in service. 

Saver84

Thank you very much for all of your replies 

General_Grant

Addition:  even if the companies in which the different departments are located are different it may still be continuous employment if they have the same parent company.  If the company itself was different you would be provided with new written particulars of your employment and this should still show the original start date as being the time from which you employment began.  Even with the same company they could issue new written particulars to reflect the new position (if you had a new job title for example).

AndrewXII

My understanding is also as long as you work for the same employer it will be counted as continuous service. In some sectors continuous service for benefit purposes, e.g. leave allowance etc. also counts as long as you work in the same sector even if you changed employer. I think I may have seen continuous service calculation defined in a contract, it maybe useful to have a look.  

General_Grant

AndrewXII said:

My understanding is also as long as you work for the same employer it will be counted as continuous service. In some sectors continuous service for benefit purposes, e.g. leave allowance etc. also counts as long as you work in the same sector even if you changed employer. I think I may have seen continuous service calculation defined in a contract, it maybe useful to have a look.  

Written particulars of employment (the information which an employer has to give to an employee but doesn't have to be signed) has to include when continuous employment began, not exactly a "calculation" more a simple statement of fact.

AndrewXII

General_Grant's wording is better than mine. Yes what I meant was I think I may have seen what qualifies/ can be calculated towards continuous service stated in a contract, not exactly a "calculation" itself. 

jobbingmusician

You could always ask, to check.  It SHOULD count as continuous service, but in these days, where ANYONE could face redundancy at any time, it's a perfectly reasonable question to ask before you move departments.  And if you've already moved, you should either have a new contract, where it is spelt out, or if you don't have a new contract then the old contract obviously applies - in which case the employer would find it difficult to argue that employment is not continuous.

General_Grant

jobbingmusician said:

You could always ask, to check.  It SHOULD count as continuous service, but in these days, where ANYONE could face redundancy at any time, it's a perfectly reasonable question to ask before you move departments.  And if you've already moved, you should either have a new contract, where it is spelt out, or if you don't have a new contract then the old contract obviously applies - in which case the employer would find it difficult to argue that employment is not continuous.

If it is a new department in the same company and there is no gap between ending one job and starting the next (eg finish Dept A on Friday and start in Dept B following Monday) there is absolutely no need to ask because employment not only should but does continue.