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BSF Thread, BSF feedback please. in United Kingdom (UK) Specific Forums; If you change job and have to sign a new contract make sure that length of service continues. If you ...
  1. #31
    BlogRat's Avatar
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    If you change job and have to sign a new contract make sure that length of service continues. If you have worked for a company for x years and move to another part of it your length of service would not be changed to 0, nor should it if you make an internal move after TUPE.
    Pensions, once you sign a new contract you will have to leave the LGPS and join the company scheme and the LGPS can become a deferred pension. If you then come back to the LGPS at some future date you just rejoin and previous contributions are taken into account. that is my understanding of the way it works and how it was exlpained to me.

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    Green book says

    14.3 Where an employee is transferred to an organisation not
    covered by the Redundancy Payments (Continuity of
    Employment in Local Government etc) (Modification) Order
    1999, continuity of service is protected under the TUPE
    Regulations where there is a TUPE transfer. However, if that
    employee returns voluntarily to local government service
    continuity is broken. Where an employee returns in such
    circumstances, without a break between employments, all
    previous continuous service will be recognised for the purposes
    of calculation of entitlements to annual leave, occupational
    maternity leave/pay and occupational sick pay. This is subject to
    the return to service being within five years of the original
    transfer.
    Note: This aggreement applies to all employees who have returned to
    local government service since 1st April 1997 however the calculation
    of the resulting benefits, such as additional leave, will only take effect
    as and from 1st April 2002.
    So if you tuped then continuity of service is protected.

    Then if you with in the same company and they in effect tupe you back across with in 5 years then continuity of service is protected.

    But if you tupe across but then choose to go work for LA then continuity of service is not protected.

    Russ

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