Employment Lawyers Can Answer Your Employment Law Questions
Hello are you basically trying to get the extra two days pay?
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?
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):
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
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
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?
you are most welcome