Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know wht is your specific question.
i want to know if the NHS is wrong about saying when I retired and came back that I had to be treated like a new employee and forfeit all my sick leave accrual (6mths) as I could no longer have the continuous service counted. Have you received my original statement
The continuity of someone's employment can be broken by a few events. The Employment Rights Act 1996 defines two of these events as being redundancy and unfair dismissal. Other events would be a break of a complete week ending with a Saturday, or working under an illegal contract.
There are further rules in relation to NHS employers because if you move from one NHS employer to another but that is only concerned with training and not relevant here.
Here is nothing mentioned about retirement and taking your pension so the only relevant factor here would be whether there was a break of at least one week and as you have told me that the first employment ended on 30 Dec and the new one started on 1 Jan, then there would not have been a sufficient gap to break continuity of service.
Your question was answered yet you left a poor service rating?