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Continuity of employment: Continuity preserved when reinstated on internal appeal

This report relates to 1 case(s)

  • expand disabled

    London Probation Board v Kirkpatrick [2005] IRLR 443 EAT (0 other reports)

Key points

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.