Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me if you have had a change of contracts
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. First of all this is not discrimination in a legal sense of the term. For discrimination to occur you must be treated detrimentally due to a protected characteristic. These are limited to age, gender, religion, race, disability, sexual orientation, marriage. None of these would apply here because the issue is not connected to any of these; it is to do with your employer at the time and your continuous service. So it is best not to use the term discrimination in this instance.
Your situation would most likely be covered under what is known as the ‘Modification Order’. This is a continually updated list of laws and regulations which basically serve to make specific public bodies ‘associated employers’ when it comes to counting continuous service with each of them. Generally all local authorities are included in the list and if you move from one LA to another your continuous service would be preserved, as long as there was no gap in between the two employments (up to a week is acceptable).
A brief summary of this law can be found here:
The LA’s in your case are not specifically listed but that is because as mentioned all LA’s are generally included in the list, nevertheless there is contact information there for a person you can contact to enquire whether a body is on the list or not.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
This is law, not just an opinion, the website was just to try and get another independent opinion to back it up. You can certainly use the above against the emploieyr and get their response as to why they believe it does not apply in their case
Has this clarified your position?
Yes it does apply to Scotland, it does not matter whether you chose to leave or were made redundant, all that matters is whether you had unbroken service with the two separate bodies
Up to a week in between the two is ok
You are welcome, all the ebst