Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. Was there a break in your employment before you started the in September 2011?
The compromise plan was that I would do nothing for 8 weeks from 31 July 2011. However this is a quiet period and normally the only work is to mark resit exam papers in mid August. I was asked to do this in the normal manner and did so. So in fact I worked the 8 week "break" as normal. I have email evidence to support this. Therefore while the original intention was for a break, in practice, I believe the answer is No. Therefore before and after the "agreement" my work remained unchanged.
Did you receive a payout and sign a compromise agreement at the time though?
No. Under the DRA the employer was allowed to make employees aged 65 or over redundant without redundancy pay. I received nothing at all no redundancy or notice pay. I recall that this was only allowed if the same work was offered for a further six months or less. My work has continued for much longer than six months.
hi no problem I was just checking what you meant by the word 'agreement' earlier. On the basis of what you say your continuous employment should be based on your entire employment. If you can evidence that there was no break in service and the 2 roles are the same then you will be able to demonstrate in a tribunal that continuous employment should be based on the entire employment.
I would suggest that in the first instance you raise a grievance to the employer to state that you are entitled to 15 years redudnancy pay and if you are not paid it you will bring a claim in the employment tribunal to recover the amount you are entitled to .
Hopefully you will not need to claim but if you do you will find the form at www.employmenttribunals.gov.uk
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