Seniority Problem

[ihavenolife]

About 6 years ago I asked for a career break, I was originally granted this but then my DOM changed his mind. He told me I had to resign, but he would not hesitate to re-employ me. So I left and 5 months later I returned. I later found out that I lost all my seniority at the time. I have since heared that if the break was less than 6 months I should have kept my seniority. Does anyone know if this is true and if so is there a document I can use as evidence for my DOM.

[baldrick]

I don't know if there is any provision for seniority to be kept after an employment break of less than 6 months. I don't think that is correct, but perhaps someone else knows better.

As far as I understand it The Way Forward Agreement 2002, Section 6 Way of Working, para 6, would apply:

All service within an appropriate grade, whether on permanent or temporary basis, will count for
seniority purposes, with the exception of any periods worked on a casual contract, or during a career
break or sabbatical. Unpaid leave will count provided there is no break in contract. Service after age
60 will continue to count. However service must be continuous for seniority purposes, with periods
prior to the break in contract (due to re-employment, for example) not generally included, unless
there are exceptional circumstances applying to particular cases that are agreed at local level.

[baldrick]

So you might have tried to get your seniority returned if you could make a case that there were exceptional circumstances. But given that it was six years ago, I doubt that you will get it now.
I only heard of one case of someone getting their seniority back after leaving, but that was about 20 years ago, he only left for a week, decided he didn't like his new job and returned to RM. And he was a CWU Rep.

[rehabron]

About 6 years ago I asked for a career break, I was originally granted this but then my DOM changed his mind. He told me I had to resign, but he would not hesitate to re-employ me. So I left and 5 months later I returned. I later found out that I lost all my seniority at the time. I have since heared that if the break was less than 6 months I should have kept my seniority. Does anyone know if this is true and if so is there a document I can use as evidence for my DOM.

There is a link on CWU site for Royal Mail Career breaks and sabbaticals that will assist you.
You should have applied for your career break in writing 3 months in advance to your line manger and should have received a written reply if this has been accepted and given a detailed account of the conditions of your career break. On receipt of your written reply from line manager you would have been made fully aware of your conditions and with union intervention could have negotiated your career break terms rather than having to resign as your DOM stated.
As career breaks can be up to 2 years but yours was for a period of 6 months there could have been the possibility that you could have tailored your career break to your satisfaction but now as 6 years old would now find it difficult to regain your seniority. Once again it will come down to what you signed for in the conditions in the written reply from your line manager on accepting your career break.

[baldrick]

I believe Career Breaks are supposed to be for a minimum of 12 months and a maximum of 3 years, which is probably why your DOM was unable to give you one if you wanted less than 12 months. But he could have given you unpaid special leave, which would have meant you would have kept your seniority.