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HR tip: Continuity of employment and length of service

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question:

"Three years ago an employee, who at that time had 10 years' service, left us one Friday to go to a seemingly better job. This did not work out so he returned to us on the following Thursday. We are now about to make him redundant. We assume that he broke his service and thus has only three years' service. Is that correct?"

HR tip:

No. As you re-engaged him within the period of one week his service was not broken. The 10 years' service he had accumulated at the time of the short break is added to the three years that have elapsed since, making a total of 13 years' service. You therefore need to calculate his redundancy payment and notice period on 13 weeks' service.

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One Response

  1. How long can the gap be?
    How long can the period be between the the employee leaving and then coming back for it to be continuous service? We had a member of staff leave us who had been with the company since it started in 1999 for 3 months and then came back.

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