This is a preview. To continue reading, register for free access now. Register now or Log in

Continuity of employment: Continuity unaffected by sick employee taking other work

  • expand disabled

    Donnelly v Kelvin International Services [1992] IRLR 496 EAT (0 other reports)

An employee who left his job because of ill health and took lighter work elsewhere before returning to his original employer, did not lose his continuity of employment, holds the EAT in Donnelly v Kelvin International Services. This is because the statutory provisions which preserve continuity during periods of sickness or injury relate to the employee's capability to perform his or her original job.