Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you have a specific question?
My question is, with the information I have given so far, can you say whether my continuous period of service be extended by the previous 6 years work for the charity?
To clarify, I was employed by the charity for 6 years, then by one of the trustees for 1 3/4 years
I saw this:
But that is Northern Ireland and it's not clear the context of "trustees or representatives"
If you can identify relevant legislation for me that would help
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Also presumably case law would be relevant?
Thank you very much
Thanks for your patience. You are correct that there are circumstances when an employee’s continuity of service is preserved but they are quite specific and will depend on the individual circumstances. Do not get confused with the use of the term ‘trustee’ in the examples as this does not necessarily relate to the fact that there was a trustee in this case.
The examples on the link you provided are a good summary so I will deal with the relevant ones below:
Thank you Ben, that's very helpful
I am a little confused by the first scenario "Under an Act of Parliament or Northern Ireland Assembly..." - that's implies to me the change was an order of Parliament/NI Assembly?
The situation is a bit more convoluted than I described: the charity actually still exists but is dormant. I was employed by the trustee to (in part) continue the work of the charity as before
However, I am guessing that this could only really be resolved by an employment tribunal if it comes to that
In effect I am still working for the charity doing the same work, but since May 2012 was paid by the trustee rather than by the charity
I won't expect you to comment further unless it's no trouble - am giving you an excellent service rating now