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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48188
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm a community based carer working in the private sector but

Resolved Question:

I'm a community based carer working in the private sector but we get most of our calls from local social service..
My question is
I started work in 2005 for a company then TUPE across to another on the 31/3/2008 I was under the impression that my length of service would stay. So although I started with the new company in 2008 it would mean that I had 3 yrs continuous service.
I have now been asked to sign a new contract due to changes the company have made making my existing contract not fit for purpose. They have put my start date as being 31/3/08 saying that " no employment with a previous employer counts as part of your period of continuous employment" can they do this?
My contract is zero hrs
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. If you had transferred under TUPE then by law your previous service would be included and count towards your continuous length of service. So the employer is not able to discount that length of service - it is not a decision for them, it is a legal right you have.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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