Continuity of Employment Flashcards
what is continuous employment
the length of unbroken time that an employee has worked for an employer
Needs to be for 2 years to gain statutory rights such as unfair dismissal claims and statutory redundancy pay
Test for establishing CE
1) Establish the start of continuous employment
2) Establish date of termination
How do you establish the start of CE
s1 written particulars must include the say CE began
s211(1)(a) CE begins when they start work
Case relating to CE
- Salvation Army v Dewsbury [1984]
- FACTS: C’s contracted started on the 1st of May, however due to bank holidays she didn’t start until the 4th of May.
- HELD: 1st of May was when her continuous employment started
When does CE end
Effective date of termination s97
EDT statute and summary
S97(1) EDT employment terminated by notice, without notice EDT will be the day they leave, finally when the task ended
what must EDT comply with
S86 minimum notice periods
Minimum notice periods and summary
s86(1) employer must give notice of one week if employed for less than two years, a weeks notice for each year between 2 - 12 years, at least 12 weeks if employed for +12 years
when will EDT be extended
if the employer tries to terminate the employees contract at 1 year and 51 weeks without notice (i.e. just before 2 year CE requirement enabling them to rights)
s97(2)
How does an employee lose the right to an EDT extension (and statute) + case
if they have committed gross misconduct (s86(6) and this has been proven by the tribunal
Lanton Leisure Ltd v White and Gibson
statute for refusal of EDT if they have committed gross misconduct
s97(2) - not clear in statute book so need to know
weeks that count statute and summary
s212:
defined weeks that count. These include if the employee couldn’t work due to sickness, absent due to temporary cessation of work or absent by arrangement
example of temporary cessation
Ford v Warwickshire CC - 6 week holiday is a temporary cessation of work
o Flack v Kodak Ltd – if the gaps in employment are greater than the time in employment the courts are less likely to rule temporary succession of work.
example of absent from work due to custome
Curr v Marks and Spencer plc - this case made the provision nearly impossible to rely on
The question for the court was whether the weeks where she was resigned but they had reached an agreement were weeks that count or not. This would dictate whether her continuous employment was broken or not
o MS said there was no CE because of her resignation ended her employment
umbrella contracts and case
implied in Nethermere to sue for unfair dismissal
these are a series of short term contracts that infer weeks that count
