Continuity of Employment – It’s Longer than you Think

Once an offer of employment has been accepted by an employee, before an employee has started working for an employer, their relations may be governed by a contract of employment.  This is what the EAT held in Welton v Deluxe Retail Limited.

In this case, the employee, Mr Welton, was dismissed by reason of redundancy from the shop he worked at in Sheffield.  However, due to the fact that the week prior to his effective date of termination he had already been offered and had accepted another job by the same employer in Blackpool, his continuity of employment was preserved.  This continuity was preserved despite not starting this job until the week after he had been dismissed from his previous job.

When Mr Welton was dismissed from his job in Blackpool, his existing service in Sheffield meant that he had sufficient continuous employment to bring an unfair dismissal claim.  The time which lapsed between his dismissal in Sheffield and commencement in Blackpool was deemed a temporary cessation of work.  

The EAT held that the fact that it was deemed a temporary cessation of work means that Mr Welton’s continuity of employment was not therefore preserved during the week in which he did not work under s212(3)(c) of the Employment Rights Act 1996 by a retrospective arrangement following the beginning of his employment in Blackpool.

The employment law team at Forbes Solicitors has extensive experience dealing with defending claims that employees bring against their employers.  For advice on whether your employees have sufficient continuity of employment to bring a claim, please contact the employment law team or call on 01254 222399.

This entry was posted in Employment Law.

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