Employment Start Date - Redundancy

Bettencourt37

Hi,

I’m being made redundant at my place of work. I’m just wondering about the start date. 

When I joined the company my first 6 weeks were as temp agency staff while they awaited sign off from head office for a permanent position. 

On my redundancy it has my start date with the company from when the permanent position was confirmed with myself and HR etc. 

However this leaves me 10 days or so from another year of service. Is there anything in my situation where I can claim my start date was 6 weeks before the one stated on my redundancy? Or have I just been unlucky with the timing and the situation at the start of my tenure with the company?

Username03725

Best option is to raise it with HR (or whoever acts in that position if a smaller company) and ask the question directly. Assuming that you were taken on with the intention of it being a permanent role it would seem reasonable to treat your initial start data as the date that matters.

getmore4less

Depends on the type of employment  often pure agency  days won't  unless the contract was with the company.
service counts backwards from the date of termination or a later date if you have not worked at least statutory notice.

Some companies get it wrong when implementing PILON for some or all of the notice period.

anyway to delay the dates., 
have they done the consultation correctly
have you asked to be kept on another 2 weeks or have them pay it  anyway.

Bettencourt37

getmore4less said:

Depends on the type of employment  often pure agency  days won't  unless the contract was with the company.
service counts backwards from the date of termination or a later date if you have not worked at least statutory notice.

Some companies get it wrong when implementing PILON for some or all of the notice period.

anyway to delay the dates., 
have they done the consultation correctly
have you asked to be kept on another 2 weeks or have them pay it  anyway.

Yeah, they said they couldn’t pay the extra two weeks as they get audited. 

To be kept on extra time, I can’t unfortunately as by great coincidence I am cited for jury duty just after my finishing date. 

Was just looking to see if there was any sort of legal status about them having to honour that time as agency as their intention was to hire me as permanent staff anyway. 

Thanks folks!

Brie

wouldn't this count as a reason to be let off jury duty??  Not sure as i don't know the rules but it's worth an ask.
Also I've been through the same thing with an employer and they wouldn't let anything be back dated.  They did (& subsequent employers making me redundant - aren't I lucky!!?!) allow whole months of part years to count towards the payment calculation so being a few days short of a whole year wouldn't make such a big impact.  Again - best to ask for clarification especially as I know all too well that lots of HR staff simply follow orders and don't actually think through the rules themselves even .

General_Grant

Bettencourt37 said:

getmore4less said:

Depends on the type of employment  often pure agency  days won't  unless the contract was with the company.
service counts backwards from the date of termination or a later date if you have not worked at least statutory notice.

Some companies get it wrong when implementing PILON for some or all of the notice period.

anyway to delay the dates., 
have they done the consultation correctly
have you asked to be kept on another 2 weeks or have them pay it  anyway.

Yeah, they said they couldn’t pay the extra two weeks as they get audited. 

To be kept on extra time, I can’t unfortunately as by great coincidence I am cited for jury duty just after my finishing date. 

Was just looking to see if there was any sort of legal status about them having to honour that time as agency as their intention was to hire me as permanent staff anyway. 

Thanks folks!

Really?  Auditors just check that payments have been made in accordance with agreements authorised properly within an organisation.  They don't have to be the minimum statutory amounts.

However, your start date when looking at length of service is the date shown for the beginning of continuous service as given in your written particulars of employment.