What qualifies as continuous employment?
Continuous employment usually means working for the same employer without a break, or with short breaks that don’t interrupt continuity of employment. These may include time out of service due to strikes, lock-outs and even unfair dismissal where the employee is reinstated or re-engaged into the service.
Can my contract be changed during furlough?
If you are furloughed, this will change the status of your employment relationship – your contract. This change in employment status remains subject to existing employment law and, depending on your employment contract, may be subject to negotiation. This change should be temporary.
Can my employer change my job role and reduce my salary?
An employer cannot usually impose a pay cut unilaterally on employees. If employers want to reduce pay for another reason – such as the employee underperforming, not meeting targets or earning more than the organisation can afford – they need to consult with employees.
Can an employer demote you and cut your pay?
Your employer might need to make a change to correct a mistake that was made in drawing up the contract. Depending on the situation, it might be in your best interests to allow the mistake to be corrected. In some circumstances action like a demotion or a pay cut might be authorised as a disciplinary measure.
What will break a period of continuous service?
Resignation or dismissal of an employee will break the period of continuous service. For example, an employee resigned and then re-joined the company a year later. Here, the employee has broken the period of continuous service.
Is continuous employment permanent?
Continuous service is worked out in months and years, starting with the date you began work for your employer. If there is a break in your employment then normally none of the weeks or months before that date will count as continuous service.
Why is my furlough pay different each month?
Furlough payments may change every month if an employee’s income varies from month to month usually. People who are on zero hours contracts may see their furlough payments differ every month for this reason. When calculating pay, employers may use the employee’s earnings in the same month last year.
Can someone else do my job while I’m on furlough?
While you were furloughed, you were still technically employed. If you did take on other work while furloughed – whether it’s temporary, part-time or even permanent – you should have contacted your employer. They would have been able to tell you whether that’s allowed under the terms of your contract.
Can employees be dismissed for refusing to accept new terms and conditions of employment?
If an employer does dismiss and re-employ someone, they may be able to take a case to a tribunal and claim: breach of contract. unfair dismissal.
Can I sue my employer for demoting me?
Demoting an Employee. An employee can seek damages for constructive dismissal from their employer if a term of employment is unilaterally changed – that is, when the employer does not obtain an agreement from the employee before making a change.
What counts as continuous service for redundancy?
The Redundancy Payments (Continuity of Employment in Local Government, etc. An employee must have at least two years’ continuous service to qualify for a redundancy payment, and the Modification Order means that any continuous service with bodies listed in the Order will also count towards continuous employment.