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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. When exactly did he return to his current job?
How did he leave initially - did he resign?
Thanks, ***** ***** that he was offered his old contract is a non-issue to be honest. Just because the company have done this does not mean he has kept his unbroken service in terms of continuity of service to give him unfair dismissal protection. They could honour that in terms of benefits and still give him the additional benefits one would get with longer service but that does not equal continuity of service for legal purposes, such as unfair dismissal protection. If he had officially resigned, submitted his resignation and the employer had acted on this to accept his termination and end his employment, then that would have amounted to a formal and legal termination of his contract. If he was then absent from work for more than a week, his continuity would have been automatically broken. This is determined by law, not what the employer decides. So even if they took him back on, with the same contract benefits as before, the fact is that there has already been an official break in continuity. As mentioned, the benefits they gave him on his return are given at the employer’s discretion, whereas the continuity of service for legal purposes is determined via other means and in this case a break had taken place due to his resignation and the absence of 3 weeks.
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I am afraid the failure to issue a contract on his return makes no difference, that does not affect the continuity of service. The break in service can only really be overridden if it was clear that there was no termination of employment and that there was perhaps an agreement for him to only be away from the business temporarily, such as on secondment or a career break. But this is clearly not the case here because he had formally tendered his resignation and there was clear intention on his part to end his employment with them. Hope this clarifies?