Continuous Service

Continuous Service

Overview

Continuous Service is the recognised period of service with an employer on the contract of employment. It is distinct from the employee’s start date, but will often be the same date.

The University of Worcester is a Post-92 Institution that recognises the Redundancy Modification Order (RMO). This means employees can have their previous employment with different institutions recognised as continuous service, if this institution also recognises the RMO. The RMO is applied differently to employees on APTC contracts and those on Academic contracts.

Certain rights are conferred to the employment on the basis of their service length. These can be legal rights such as the right not to be unfairly dismissed after two years’ service, and also staff benefits such as service-related annual leave or sickness pay.

In the case of Academic contracts, some benefits such as sickness pay and maternity pay entitlement may be recognised from any UK Higher Education Institution, regardless of whether that institution recognises the RMO.

Redundancy Modification Order

The primary purpose of the Redundancy Modification Order (also known as “the Modification Order”) is to preserve continuous service for the purposes of entitlement to redundancy payments and calculating the amount of redundancy pay payable. Where continuous service is recognised, then employees of the University will have this recognised in the event they are made redundant.

Example: An employee started worked with the University on 1st January 2016. Previously they worked for The University of Gloucestershire, starting there on 1st January 2010. Without a break in their service, the employee may be able to have their continuous service date with the University of Worcester recognised as 1st January 2010. This would mean they would be entitled to six years redundancy pay immediately should their employment with University of Worcester end by means of redundancy, as well as qualifying for other service-length related benefits.

Continuous service recognised by the RMO does not count towards the two year qualifying period of service needed to confer the right not to be unfairly dismissed. Employees who have joined the University will also need to complete their probationary period, regardless of their recognised continuous service date.

Staff Benefits that are related to continuous service:

For certain staff benefits, the period of continuous service also counts as length of service qualifying for service-related staff benefits.

Annual Leave Entitlement

Staff on APTC contracts will be entitled to 5 days’ additional annual leave if they have five years’ continuous service. Academic staff have fixed holiday entitlements which are not affected by service length.

Maternity/Paternity/Adoptive Leave/Shared Parental Leave

For staff on APTC contracts continuous service under the RMO counts towards the six months’ qualifying period of service needed to receive maternity/paternity/adoptive or shared parental leave through the University.

For staff on Academic contracts continuous service from any UK Higher or Further Education Institution counts towards the six months’ qualifying period of service needed to receive maternity/paternity/adoptive or shared parental leave through the University.

Sickness Pay

For staff on APTC contracts continuous service under the RMO counts towards the qualifying period of service needed to receive enhanced sick pay from the University.

For staff on Academic contracts continuous service from any UK Higher or Further Education Institution counts towards the qualifying period of service needed to receive enhanced sick pay from the University.

Notice Periods

For staff on APTC contracts, continuous service under the RMO, the notice period required to be given by the employee and the employee aggregates at half rate.

For example, an employee has 12 years’ continuous service, six of which was with a previous employer recognised under the RMO. The University terminates that employee’s contract, calculating the employee’s minimum notice period as follows:

6 years continuous service with the University, plus 3 years (half rate) recognised with a previous employer. The employee therefore has 9 years’ service for the purposes of calculating their notice period, meaning they are entitled to 9 weeks’ notice.

Summary of Terms and Conditions affected by the RMO Order:

Bodies recognised by the RMO:

A list of employers recognised as part of the RMO can be found here