Gap in Service When Working For a Firm (1 Viewer)

WastedPotential

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Does anyone know if your time served for a firm continues if they lay you off for a downturn in work but bring you back 3 weeks later when it picks up again?

Basically I was working for a firm for a year, they give me my notice so I've been out of work for 3 weeks and then they have brought me back.

Some lads are saying you get six weeks before your service breaks but the bloke from HR said it's only a week. Though he did sound a bit shifty when I asked him and not that convincing at all.

Any help would be appreciated.
 
Not sure, I was under the impression that if you were laid off and then restarted then it would constitute a break in employment. That's why firms do it, isn't it? I would be interested to see what others have to say about it on here also.
 
I thought that too but a few different lads, from different forms also, mentioned this 6 week grace period. Could be a myth.
 
If you did not receive a P45 your service should be continued but if you received one then your service is broken.
 
What types of break between contracts would not constitute a break in continuous employment?

There is no loss of continuity if an employee resigns or is dismissed during one week but is re-engaged by the same employer before the end of the following week, even if the employee worked for another employer during the intervening period. Other instances where continuity is not broken include:
if an employee resigns or is dismissed on grounds of ill health but is re-employed by the same employer within 26 weeks;
if an employee is absent from work because of a temporary cessation of work;
if an employee (such as a seasonal worker or a supply teacher) is customarily absent from work at a particular time, but is regarded as continuing in the employer's employment during this time;
if an employee is absent from work in circumstances such that, by arrangement, he or she is regarded as continuing in the employment of the employer for any purpose (in London Probation Board v Kirkpatrick [2005] IRLR 443 EAT, the Employment Appeal Tribunal held that continued employment for the purpose of appealing against dismissal under a contractual disciplinary procedure can be an example of such an arrangement to preserve continuity, in the event that the employee is reinstated as a result of the appeal); and
if a dismissed employee is reinstated or re-engaged by his or her former employer (or by a successor or associated employer) as a result of an Acas-prompted arbitration agreement, a COT3 agreement or a settlement agreement (settlement agreements were called compromise agreements prior to 29 July 2013), or at the direction of an employment tribunal.
 
Had this with previous firm. They are legally allowed to lay you off for 12 weeks. After 4 of those weeks you can ask for redundancy. If they say no they have give you 3 months solid work. If they've brought you back after 3 weeks you haven't broken your employment. Like it was said before if you haven't had your p45 off them your still employed
 
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