Continuous service in local government.

GaryC1972

I moved from 15 years in local authority schools to a similar role working for my local authority in 2020 at the height of lockdown4. Neither my exiting school or authority i was joining mentioned continuity of service (and i wasnt aware it existed) , so being safety minded and having worked with vulnerable children in January 2021, left my role with a two week break to be able to test and clear the 10 days advised at the time of the covid pandemic when moving between groups . bubbles and starting the new local authority role.

Im now being made redundant and the authority are being prickly about a seven day rule for continuity. Is this reasonable, given the covid climate at the time (my hometown had the highest rates in UK at the time), and that my formal offer of contract when i joined only referred to start date as that role (they clearly were negligent of including my known previous roles for Continuous Start date).

How best to try approach a good outcome.

lincroft1710

If your break between the 2 employers was greater than that allowed for continuous employment.then your current employers are correct if they only calculate your redundancy based on your current employment.

As long as your employers are not acting unlawfully they are doing nothing wrong. Reasonableness does not come into it. As far as I am aware Covid didn't alter any rules concerning continuity of employment.

Nick9967

Continuous service in LG is a nightmare, I've just been through this with my wife and her employer, a school, neither the school, their 3rd party who deal with pay etc, and believe it or not her Union (Unison) all 3 of them disputed her rights 4 distinct times , until i pushed and pushed - got a copy of the Green Book, which essentially is what most follow - now 1 week before the end of the consultation period they suddenly turn round and say ooops!

I think it is a major failure of those organisations within it do not inform employees correctly, if at all, it's so bad that in this case a settlement has been agreed to stop the issue becoming larger than it should be, from me I might add. There is a variation ion the rules for redundancy compared to sick leave, holiday pay etc etc

The Redundancy Payments (Continuity of Employment in Local Government etc) (Modification) Order 1999,

Take my advice and thoroughly investigate the entire thing it may pay you huge didvidends to do so! nGood lukc!

For continuous service in local government (NJC Green Book), the general rule is that 

breaks between contracts should not exceed one week (Sunday to Saturday)

 to maintain continuity for annual leave, sick pay, and maternity rights. However, for redundancy purposes, the Modification Order often allows service to remain continuous if you start a new job with a listed employer within 4 weeks of redundancy

GaryC1972 i would definitely push this as hard as you can , include your Union (but make sure they understand the issue) to add even more importantly, look at the Continuation rules surrounding redundancy at aged 55 you'll be astounded and it may change your decisions.

lincroft1710

However, for redundancy purposes, the Modification Order often allows service to remain continuous if you start a new job with a listed employer within 4 weeks of redundancy

The OP didn't say that they had been made redundant from their previous job

maman

My understanding was that OP's point was that he couldn't start the new job because he needed more than 1 week to be sure he was Covid compliant.

lincroft1710

I understood the same, but you refer to a break of up to 4 weeks not affecting continuous service where a person had been made redundant from their previous job and the OP has not said they were made redundant from their previous job.

maman

I think the problem is because the OP (responsibly) took it upon himself to delay his start date until he was testing free of Covid. It's easy to be wise after the event but he probably should have had a start date within the week and then the LA could have asked him not to come in until he tested clear. It seems he was ignorant of the continuous service rules at that point.