# Continuity of Service clause



## Chief Seamus (20 Nov 2008)

Hi everyone,
I joined my company about 16 months ago and it now looks like I'll be losing my job as the company will probably be going bankrupt.
I know that my service is not long enough normally for statutory payment but.....
When I joined I was given a "continuity of service" clause; i.e. the 6 years I had spent with my previous employer would be taken into account if I was ever made redundant. This was a key factor in my final decision to accept the job.
Can this be applied in the event of an insolvent company having it's redundancy liability paid by the state? or am I to get nothing?
Any advice would be welcome


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## Brendan Burgess (29 Dec 2008)

*Re: Redundancy and length of service*

Hi Chief

I have just seen this now. Did you get an answer? 

Why was there a "continuity of service" clause?  Was your previous employer connected to your current employer?


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## poohbear (29 Dec 2008)

Chief Seamus said:


> Hi everyone,
> I joined my company about 16 months ago and it now looks like I'll be losing my job as the company will probably be going bankrupt.
> I know that my service is not long enough normally for statutory payment but.....
> When I joined I was given a "continuity of service" clause; i.e. the 6 years I had spent with my previous employer would be taken into account if I was ever made redundant. This was a key factor in my final decision to accept the job.
> ...




Hiya, 

Dept of Enterprise, Trade & Employment have two sections in Davitt House, Adelaide Road called Redundancies and Insolvency. They may be able to help you with those specifics. If you ring the main department line they will put you through. Offices are open each day bar Thursday (BH) this week. 

HTH


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## ClubMan (30 Dec 2008)

Were _TUPE (Transfer of Undertakings - Protection of Employees) _rules relevant in this case at all? If not it seems very odd for a new employer to offer a continuity of service clause covering time served with another employer!


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## Black Sheep (30 Dec 2008)

If you can establish your entitlement under TUPE you can then apply to the Insolvancy Fund. Application form available from DETE


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