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Shirley Clark
Member - 2 posts
Member of staff worked 27 yrs with large insurance company befoe being TUPE to current employer. Two years have elapsed and the original employer(with whom individual worked 27 years) has offered a contract to return to that organisation.
In the contract under offer - section "Your employment" it states "for statutory purposes, your period of continuous employment will commence on a date to be confirmed. No period of continuous employment with another employer that is not a company within the XXXXX Group shall count towards your period of continuous employment".
Would the 27 yrs original service be counted towards "continuous employment" as individual would be re-employed with original Group.
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Jane Byford - Martineau Johnson
Online advisor - 9 posts
Dear Shirley
Thank you for your recent query.
As this employee?s employment transferred to the current employer under TUPE two years ago, this means that the employment is treated as if the original contract had been entered into with the current employer, not the original employer, and all rights and liabilities transferred, including continuity of service.
If the employee leaves the current employer the employment would terminate and the period of continuous service would cease. The new contract with the original employer would be a completely new employment and there would be no continuity of service.
Yours sincerely
Jane Byford
Partner
Martineau Johnson
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