Editor's message: An employee's continuity of service determines the employment rights to which he or she is entitled. While some rights do not require the employee to have worked for his or her employer for any particular length of time, other rights, particularly key employment protection rights such as the right to statutory redundancy pay and the right to claim "ordinary" unfair dismissal, depend on the employee having worked for the employer for a determined period.
Employers need to establish their employees' continuous service so that they can understand what their legal obligations are in relation to those employees. However, this is not always straightforward.
You can find out how to calculate your employees' continuous service and see the different qualifying periods for statutory employment rights in Employment law manual > Continuous employment > Determining continuous employment.
Clio Springer, senior employment law editor
Additional information on provisions relating to NHS employees' continuity of service under the NHS terms and conditions of service handbook. To be read in conjunction with the general information on determining continuous employment.
David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.
A table listing the statutory rights with no qualifying period.
Additional information on provisions relating to NHS employees' continuity of service under the Agenda for Change terms and conditions of service handbook and General Whitley Council Handbook. To be read in conjunction with the general information on determining continuous employment.
The law on determining continuous employment, including an explanation of how employment tribunals determine continuous employment, breaks in employment that count towards continuous employment, and qualifying periods for statutory employment rights.
Additional information on determining continuous employment for local authority employers, including the redundancy payments modification order; associated employers; and continuity provided under the national conditions of service (Green Book).
This week's case of the week, provided by DLA Piper, covers continuity of employment when an employee is dismissed, but re-employed almost immediately by the same company.
HR and legal information and guidance relating to continuity of employment.