An employee resigned in April and has subsequently returned less than 2 months afterward in June. Employee requested continuous service but this was declined as company policy is not to reinstate continuous service after 1 month of leaving. This was conveyed to employee before taking the position as a new hire.

Employee has subsequently been advised 2 months later by our pensions department that their pension contributions will be reinstated to that before they left. I have now confirmed by email continuous service will be applied for pension purposes only.

Employee states that this is not in their contract of employment and in the absence of a formal policy on the intranet or otherwise, is disgruntled that continuous service has not been applied and has been told conflicting info.

Employee has asked for formal policy and examples of other employees who have returned to the Group and retained continuous service.

Questions:

1. Is it common for this distinction to be made from continuous service and pensions service, particularly in the Banking industry?

2. What is the normal period continuous service is reinstated following resignation, particularly in the Banking industry?

3. What should be my stance from the company’s perspective where continuous service for pensions or otherwise was not included within the contract of employment?

4. Should continuous service only have one meaning – date from which uninterupted service is considered to have begun?

5. Does the employee have the right to see examples of other employees who have been rehired with continuous service?
Terry