The claimant had been employed by the respondent, but after taking maternity leave had been made redundant. The employer claimed her continuous employment had been broken.
Held: The section intended to protect continuous employment despite what might otherwise be breaks in employment. Nevertheless, the parties had to agree that employment would continue. That required both parties to come to an agreement. That had not happened here. The employer should have disclosed the position, but failing to do so did not change it.
Company’s appeal from order – date of commencement of employment affecting calculation of redundancy payment.
Judges:
Peter Gibson, Clarke, Scott Baker, LJJ
Citations:
Times 30-Jan-2003, [2002] EWCA Civ 1852, [2003] IRLR 74, [2003] ICR 443, [2002] All ER (D) 205
Links:
Statutes:
Employment Rights Act 1996 212
Jurisdiction:
England and Wales
Citing:
Appeal From – Curr v Marks and Spencer Plc EAT 6-Mar-2002
. .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 10 July 2022; Ref: scu.227934
