London Probation Board v Kirkpatrick [2005] IRLR 443 EAT

Reports relating to this case:

  • Continuity of employment: Continuity preserved when reinstated on internal appeal

    13 May 2005

    In London Probation Board v Kirkpatrick, the EAT holds that the tribunal was correct to conclude that it is open to the parties to agree reinstatement as a matter of contract. Such an agreement, albeit made after the break in employment has taken place, fills in the gap for the purposes of computing the period of continuous employment, under s.212 of the Employment Rights Act 1996.