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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47041
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am an NHS consultant and recently moved jobs. I put in my

Customer Question

I am an NHS consultant and recently moved jobs. I put in my 3 months notice on the 1st of January and informed my new employer my start date was 1st April. Everything was agreed until I got my first pay in April my start date was recorded as 3rd April as 1-2nd April was a weekend. ( I had not signed a contract but have an email to stating my intended start date
I questioned this and I was told they would need to check the NHS terms. Please advise
Submitted: 6 days ago.
Category: Employment Law
Expert:  Ben Jones replied 6 days ago.

Hello are you basically trying to get the extra two days pay?

Customer: replied 6 days ago.
I am actually more interested in continuity in my NHS service and never intended to have a break in service. I even told Human Resource I will apply for 2 days annual leave if required.
Expert:  Ben Jones replied 6 days ago.

Hi there, sorry I was offline by the time you had replied. Were you issued with a formal contract by the new employer and did it state you start date?

Customer: replied 6 days ago.
No there was no formal contract issued but I did indicate on an email when asked by HR that my start date was 1st April and I went to HR 2 weeks prior to complete all checks but no contract was signed.
Expert:  Ben Jones replied 5 days ago.

Thank you. Ideally you would have wanted a contract in place stipulating your start date on that employment. I understand that you told them you want your start date to be 1 April but there must have been a mutual agreement to this for it to be fully binding in law. Still, it does not mean you will break your service. If you have moved jobs between the same employer, then if you did not have a break of more than a week, your service will still be considered continuous. As such, these 2 days should not make any difference because it is still a break of less than a week. You can see this confirmed here (in the first paragraph):

http://www.xperthr.co.uk/faq/what-types-of-break-between-contracts-would-not-constitute-a-break-in-continuous-employment/19646/

So whilst t would be best to have a contract drawn up to confirm the 1 April as your start date, in the absence of that you can still argue there is continuous service as there was only a 2 day gap between the two jobs.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 4 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 3 days ago.
Thank you Ben. HR mentioned they will refer to the NHS contract terms and conditions in relation to starting on a weekend. Do you any experience with NHS employment contracts?
Expert:  Ben Jones replied 3 days ago.

I have dealt with some before but not to the specifics mentioned here, such as terms relating to starting on a weekend. But to be honest whatever the terms say, the legislation will always take precedence and in your case you need a week's break to break your continuity of service, which is not the case here. Hope this clarifies?

Customer: replied 3 days ago.
Thanks
Expert:  Ben Jones replied 3 days ago.

you are most welcome

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