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Flashcards in Continuity of Employment Deck (16)
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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)


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

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


Hellyer v Mcleod

An umbrella contract cannot be inferred if you are receiving benefits in the gaps between employment - this states you are unemployed.