What types of break between contracts would not constitute a break in continuous employment?

There is no loss of continuity if an employee resigns or is dismissed during one week but is re-engaged by the same employer before the end of the following week, even if the employee worked for another employer during the intervening period. Other instances where continuity is not broken include:

  • if an employee resigns or is dismissed on grounds of ill health but is re-employed by the same employer within 26 weeks;
  • if an employee is absent from work because of a temporary cessation of work;
  • if an employee (such as a seasonal worker or a supply teacher) is customarily absent from work at a particular time, but is regarded as continuing in the employer's employment during this time;
  • if an employee is absent from work in circumstances such that, by arrangement, they are regarded as continuing in the employment of the employer for any purpose (in London Probation Board v Kirkpatrick [2005] IRLR 443 EAT, the Employment Appeal Tribunal held that continued employment for the purpose of appealing against dismissal under a contractual disciplinary procedure can be an example of such an arrangement to preserve continuity, in the event that the employee is reinstated as a result of the appeal); and
  • if a dismissed employee is reinstated or re-engaged by their former employer (or by a successor or associated employer) as a result of an Acas-prompted arbitration agreement, a COT3 agreement or a settlement agreement, or at the direction of an employment tribunal.