Confusion about employment- total number of months

[sm12]

An employee was with the company during the initial leave, and then continued for about three months after extension was granted. After he left, there was no replacement until about nine months later. This employee stayed with the business for about five months. The replacement is still being searched for.

Would the first person's three months count in this case, despite the fact that someone else was hired after him nine months later? Also, to show the start date, do I resubmit the relevant FPS that was sent with the initial application? Would it be best to submit every FPS to show employment since he first started?
Thank you.

[zimba]

A POSITION/JOB/VACNACY IS NOT SPECIFIC TO AN EMPLOYEE
A position can be occupied by AS MANY employees as you want and the position does NOT have to be continuous. This is crystal clear in the guide and is still being asked on regular basis on the forum

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job and the jobs need not exist at the date of application, provided they have existed for 12 months.

You need to send all FPS for the period you are claiming points for PLUS the FPS showing start/leave dates

[sm12]

Hi Zimba

Thank you for your reply.

My main concern is the first employee, who was with us during initial leave as well as extension (for three months). I hope that HO will accept that as continuation of a job role, followed by a break of 9 months, and then someone else continuing in the same job. I am concerned particularly because the start date was during the initial period.
He was with us for 19 months during the initial leave period and then 3 months after extension was granted.

Another technicality that is of concern to me is that while I know that, having applied for initial leave before April 2014, I can make use of the transitional agreement, the wording in for the transitional agreement uses the term "workers" e.g. "4 workers for six months", etc. On the other hand, the post transitional agreement requirement uses the term jobs. I am probably overthinking this, but as we can only go for ILR by post and will likely have to wait for 6 months at least (standard processing time), just want to avoid any errors, because unlike applicants from other categories who have the option to go for premium service, Tier 1 E ILR is more risky.

[zimba]

My main concern is the first employee, who was with us during initial leave as well as extension (for three months). I hope that HO will accept that as continuation of a job role, followed by a break of 9 months, and then someone else continuing in the same job. I am concerned particularly because the start date was during the initial period.
He was with us for 19 months during the initial leave period and then 3 months after extension was granted.

Yes the 3 months will count.

Another technicality that is of concern to me is that while I know that, having applied for initial leave before April 2014, I can make use of the transitional agreement, the wording in for the transitional agreement uses the term "workers" e.g. "4 workers for six months", etc. On the other hand, the post transitional agreement requirement uses the term jobs. I am probably overthinking this, but as we can only go for ILR by post and will likely have to wait for 6 months at least (standard processing time), just want to avoid any errors, because unlike applicants from other categories who have the option to go for premium service, Tier 1 E ILR is more risky.

Under transitional arrangements it is total of any 24 months of employment, so the concept of two separate jobs is not there.

[sm12]

Thank you, Zimba.

So the period that I will enter into the table (to claim months for the employee who started in the initial period) will be the start date of extension?

[zimba]

yes

[sm12]

Thank you again, Zimba.