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Continuity of employment: Continuity not preserved during employee break absence

This report relates to 1 case(s)

  • expand disabled

    Bright v Lincolnshire County Council EAT/0017/01 (0 other reports)

Key points

  • In Bright v Lincolnshire County Council 9.7.2002 EAT/0017/01, the EAT holds that an employee who had taken a break as part of an employee break scheme could not count the period of her break as part of her continuous service for the purposes of bringing an unfair dismissal claim.
  • The employment tribunal was entitled to regard as significant the facts that the scheme did not guarantee re-employment at the end of the break; that the break could be taken for up to eight years; that the only reference to previous service was made in relation to employee benefits in the event of a return to work; and that it made no reference to continuity of employment during the break.