Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


How would a tribunal interpret continuity of employment?

What types of break between contracts would not constitute a break in continuous employment?


Does a period of absence on account of industrial action count as a break in continuity of service?

If an employee takes part in industrial action, the whole of the week in which the action occurred is discounted for the purpose of continuous service, but there is no break in continuity. In determining the period of continuous employment, the date on which the employee's employment began is treated as having been postponed by the number of days between the last working day before the strike began and the day work was resumed.

Want to see more?

login arrow blue

XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation

Will a period of unpaid leave break the employee’s continuity of service?

Does an employer have to pay holiday pay to its casual workers?

What qualifying service is necessary for ordinary paternity leave?

What qualifying service is necessary for statutory adoption leave?

Does a period of maternity leave break continuity of service?

Does a period of parental leave break continuity of service?

What happens to an employee's continuity of service if he or she is made redundant and then reinstated?

Is an employer obliged to wait a certain period of time before re-employing an employee who was dismissed for redundancy?

Can an employee who is re-employed after having been made redundant retain his or her statutory redundancy pay?

In what circumstances might an employee be entitled to a redundancy payment?

Can an employee with less than the required service to claim unfair dismissal who believes that he or she has been unfairly selected for redundancy bring a tribunal claim?

Is continuity of employment maintained if there is a change of employer?

Where an individual is TUPE transferred does his or her continuous service start from the date of the transfer or from the start of employment with the transferor?

Does an employer have to give a written statement of reasons for dismissal?

Are there any circumstances in which an employer must give a written statement of dismissal to an employee without the normal required continuous service?

Is the statutory minimum notice to be provided by employees the same as that to be provided by employers?

Top