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For an established employee (not a contractor) taking a change of role at the same employer, and signing a new contract, is the employer allowed to 'reset' the start date for continuous employment with regard to statutory entitlements?

It seems they would be free to do this for their own rewards calculations if they chose, but it seems incorrect to define the start date as the date when the new contract comes into force.

  • Checking you are an employee and not a contractor? – DJClayworth Feb 15 at 21:24
  • Yes, as an employee. – Sean Houlihane Feb 15 at 23:01
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    WAG from across the pond: no, because it would be subject to arbitrary abuse - "You? Entitlements? No, you started at this company as an Administrative Assistant. One year later, we made you an Operations Secretary, and with the new reforms you are now a Secretarial and Communications Operative with a management-assigned target career goal of a lateral transfer to Workplace Intercommunications and Collaborations Associate, a job scheduled for creation in 2020. Why are you such a job-hopper? You'll never build up your entitlements this way! Ha ha!" – Robert Columbia Feb 16 at 12:59
  • are you sure the contract isn't just saying that the start date in your new role is whenever you sign it? – JeffUK Feb 17 at 21:08
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No it can't. "Continuous employment is when an employee has worked for one employer without a break." Not "Worked one position without a break." Even if your contract changes from one company to another you can sometimes retain your continuous employment (See 'TUPE')

Not only are they not allowed to reset the start date, they are not able to reset the start date, your statutory rights are based on your actual continuous employment duration with that employer.

Whatever you sign, it doesn't change the facts. Having said that, I wouldn't sign it until it was corrected to my actual start date, it saves an argument later if you want to exercise your statutory rights in the future.

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