# Break in Service - Redundancy



## donal (16 Jan 2009)

My wife has been working in a particular legal office for almost 8 years now. About 4 years ago she decided to move job which she did to be closer to home - for four days. Basically she was not happy in the new company and her old employer offered her the opportunity to comeback and start back immideiately with them - Lucky her, i felt. With the legal profession taking a dive in some areas she wonders if that break will affect redundancy entitlements, i would have thought so, but perhaps someone can provide clarification?


----------



## Johnboy45 (16 Jan 2009)

the company could use it against her if they wanted to, but they shouldn't if  there is any fairness at play.  Take the case where a worker leaves on short time layoff (and gets a P45)  and then gets another job but returns to the original employer some time later, then the break in service only counts for time not worked, not as a new start date.  It would really depend on the employer in this case.  They could decide to use her start date as 4 years ago.


----------



## Nutso (16 Jan 2009)

AFAIA if there is a break of less than 6 months, it can count as one employment for redundancy purposes but the time she was away would be a break in service so non-reckonable for redundancy payment.


----------

