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Does trial period counts to length of the service? I am asking…

Does trial period counts to...
Does trial period counts to length of the service? I am asking because I completed my next full year of employment in trial period and my employer does not want to count it.
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Answered in 12 minutes by:
1/10/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,161
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. A trial period would count towards your continuous service if you were employed under a contract of employment during that period. The contract does not have to be in writing so as soon as you have started working for the employer and basically get paid for it you can argue that you have been employed under a contract of employment and this period should count towards your continuity of service

Customer:

I was redeployed under the same company DHL and I left in my trial period but they do not add it to length of service I spoke to lawyer pattinson brewer which union gave me and they sad the same as DHL but acas and citizen advice bureau thinks it should count to length of my service.

Ben Jones :

The key is whether you were working under a contract of employment. If there was no written contract then one would have to examine the nature of your working relationship at the time and determine whether a contract can be implied to have been in place. As such you could argue it both ways and usually it is down to a tribunal or court to conduct a formal examination of the situation and decide if that period should count

Customer:

I do have a contract which says for the purposes of continuous service

Ben Jones :

What does it say exactly?

Customer:

1.7 continuous service date : for the purposes of continuous service, your employment commenced on TBC

Ben Jones :

does it state the date?

Customer:

22sd of October

Customer:

nd

Ben Jones :

is that before or after the trial?

Customer:

this is my start date

Customer:

was

Ben Jones :

of the trial period?

Customer:

this is the start date of redeployment and you get statutory trial period when redeployed.

Ben Jones :

so are they saying this statutory trial period does not count?

Customer:

yes

Ben Jones :

oh it will count, this is a statutory period and your employment would not have been broken if this was the same employer

Customer:

thank you could you send something about this to my email.

Ben Jones :

We cannot email customers so I suggest you simply copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary. You may also click on Save & Exit and that will save the conversation in your account on here.

Ben Jones :

Please take a second to leave a positive rating. If you need further clarification please do NOT rate yet and simply get back to me with any queries or comments you have and I will be happy to assist further. Thank you

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,161
Experience: Qualified Employment Solicitor
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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