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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48167
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I recently transferred over to the Sydney office from the UK

Resolved Question:

I recently transferred over to the Sydney office from the UK and was put on a new Australian contract. If I return to the UK with the same company would I keep my continuous service from my previous contract with them in the UK in the event of redundancy? I had 10 years service with them in the UK plus 2 years from a TUPE outsourcing arrangement.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello was your employment terminated in any way before the move?
Customer: replied 1 year ago.
No, but I had a leavers letter stating that I was transferring over to Australia.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The key here is whether you have broken your continuity of employment as far as UK legislation is concerned. This happens if toy have been dismissed for whatever reason, or resigned. A dismissal simply means a termination of your contract. This could include a termination of contract due to a move like this one. You may have been continuing to work for the same company but in a different country and under a local contract. This means that your UK employment would have come to an end to facilitate this and it would have resulted in a break of service. The only time it would not be this case is if you had gone on a secondment or similar, where tour UK contract continued to exist alongside the one which governed your secondment. Alternatively, if you continued working for the same company, not just the same name but with a different entity incorporated abroad, it has to be the same entity, it could preserve your service. However, if your UK contract was terminated and you moved jurisdictions to another country and took up a contract there, it would most likely have broken your service for the purpose of redundancy and other employment rights dependent on length of service.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Thanks for your response. I did raise this issue with my HR department before I moved and have an email stating that my long term service would be maintained (though they have now said it was a mistake and that I did lose it when I changed contracts). Does this give me a basis for anything?
Expert:  Ben Jones replied 1 year ago.
The continuity of service is not something the employer can choose - it is governed by law, so whatever the employer has said they cannot override employment laws and as such even if they said you preserve it, if in reality you did not, then it is the legal position that still takes precedence. Hope this clarifies?
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