Continuity Rules continued…
by Philip
Most employment law rights are service contingent ie you qualify for the right after a particular length of service.
Calculating service is relatively straightforward you count the number of weeks/years between the start date and the effective date of termination (or relevant date for redundancy pay purposes).
Any week without a contract of employment breaks continuity.
Continuity of employment can be preserved in weeks where there is no contract of employment in certain circumstances in particular where there is a temporary cessation of work. Service between employers can be aggregated where there is an associated employer.
This case neatly summarises the principles around associated employer and temporary cessation.
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