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UK Employment Law Issue - Continuous service?

I commenced employment with a Local Authority (LA) in 1991. In 1996 the LA function I was in transfered under TUPE rules to a new Govt body. I left that new employment in 2005 and returned to original LA (but not same job tho) .When I started I was told my former Govt employer was on list as a recognised employment for continuous service purposes and so I had no probation period and I got leave entitlement enhanced. I had no breaks / gaps between any employments. Following workplace issues in 2008 I am taking LA to Employment Tribunal. Does anyone know if the whole 17 years from 91 to 08 count for continuous service regarding the Basic Award element of a Tribunal claim or will only the 3 years from 05 count when I returned to the LA ?

Normally your service would have run from 2005 because you left your job voluntarily and took up a new post - there was no TUPE at that time. However, in your case as the employer expressly allowed you to transfer and keep your previous service then it will run from 1991. You will probably need evidence to prove that this was the case when you took up the role in 2005 although the fact that you had enhanced leave would probably be a good indication to any tribunal.

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