Continuity of employment: Continuity preserved when reinstated on internal appeal

In London Probation Board v Kirkpatrick, the EAT holds:

• 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. The appeal would therefore be dismissed.
• Further, although there are conflicting authorities on this point, as a matter of statutory construction, such an arrangement does not have to be put into place prior to the break in continuity of employment; there is no temporal limitation on the arrangement between the employer and employee.