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Continuation of employment?

 
#1 Continuation of employment?
27/04/2010 11:13

Confused

I have a confusing situation and need some advice.

Last year I resigned from my current employer. I was being treated for depression at the time (my employer knew this) and resigned in very bleak mood. I realised my rash move and asked to rescind my resignation a couple of days later, and returned to the company within my notice period. I've not been issued a new contract since then and am on the same salary etc. So was there a break in my employment? Am I now a new hire? Reason I ask is Im thinking of leaving permanently and want to know if I will have to serve my full notice period again.

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#2 RE: Continuation of employment?
27/04/2010 11:35

someguy to Confused (#1)

Confused,

Sorry to hear about your situation. The best thing in this instance is to ask your HR support whether your resignation was ever actually processed since different companies may treat the notice period differently. If you didn't receive notice of a suspension of benefits (allowances, stock purchase or insurance) then it's likely you were never "resigned" from the company's POV and may have to resubmit and serve your full notice (although if it's a big firm and if you're on the bench you can probably request "gardening leave").

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#3 RE: Continuation of employment?
28/04/2010 01:38

anon to Confused (#1)

Given the timeframe, odds are that your resignation was never processed or if it was ever put on the system it was reversed out again. Quick rule of thumb - if your employee number changed, you're probably a "rehire", if your employee number didn't change, you may never officially have left.

I don't know what the legal technicalities are in your situation but a reasonable minority of people resign and change their mind shortly after (usually bribed back). Similarly, people can be fired then reinstated when they appeal. Either way, there is some leeway in the process to allow for reversing out termination of employment.

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#4 RE: Continuation of employment?
29/04/2010 11:24

Derek to anon (#3)

Confused

Call the ACAS helpline and ask them. Most effective - but not essential - if you have your contract with you.

Monday–Friday, 08:00–20:00 – 08457 47 47 47

One tip: if the person who answers the phone doesn't help you immediately, hang up and speak to the next one. I have found them excellent overall.

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#5 RE: Continuation of employment?
10/05/2010 14:14

Confused to Derek (#4)

Thanks for the useful replies. It says it all that after 2 weeks out of the business I lost my bonus and was effectively demoted (salary not reduced though), while a colleague who spent 9 months out on maternity leave wasnt affected at all.

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#6 RE: Continuation of employment?
10/05/2010 16:50

anon to Confused (#5)

Yes, but she didn't resign. I understand that genuine depression is not just "feeling a bit down", but there is only so much your employer can do if you resign!

I am sympathetic to your illness, but not sure bleating about modern maternity protection is the way to go?

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