Continuity of Employment Handbook

IDS Employment Law Handbook
Practice area: Employment law
ISBN: 87804140302013
Published by IDS, 13 Nov 2012

Available formats
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The IDS Employment Law Continuity of Employment Handbook explains the general principles for determining a period of ‘continuous employment’ and deals with the rules surrounding these for an employee under a contract.

The Continuity of Employment Handbook covers:

  • Situations where there is a break in employment during which no contract exists
  • Situations of continuity following a change of employer

The general framework

  • The statutory scheme
  • Agreements concerning continuity
  • Start of period of employment
  • End of period of employment
  • Computing period of employment
  • Presumption of continuity
  • Employee under a contract of employment
  • Length of qualifying periods under ERA
  • Continuity provisions not governed by ERA
  • Breaks in employment where there is no contract

Sickness or injury

  • Temporary cessation of work
  • Arrangement or custom
  • Re-employment after unfair dismissal

Non-counting weeks that do not break continuity

  • Working Abroad
  • Strikes and lock-outs
  • Military service
  • Redundancy payments and re-employment
  • Changes of employer

Common law position

  • Transfer of business or undertaking
  • Statutory changes of employer
  • Death of Employer
  • Partners, personal representatives and trustees
  • Associated employers
  • Local authority maintained schools
  • Transfers between health service employers
  • Local government service and redundancy