Donnelly v Kelvin International Services [1992] IRLR 496 EAT

Reports relating to this case:

  • Continuity of employment: Continuity unaffected by sick employee taking other work

    15 December 1992

    An employee who left his job because of ill health and took lighter work elsewhere before returning to his original employer, did not lose his continuity of employment, holds the EAT in Donnelly v Kelvin International Services. This is because the statutory provisions which preserve continuity during periods of sickness or injury relate to the employee's capability to perform his or her original job.