EAT JURISDICTIONAL POINTS – Continuity of employment
The Claimant was employed on 26 April 2008 as a teacher to cover the illness of another until the summer exams. The contract came to an end on 8 July 2008. Quite independently the permanent teacher resigned by notice given on 8 July. By an oral and then written agreement the Claimant started a permanent job with the employer on 5 September 2008 which continued until he was dismissed on 12 June 2009. On the employer’s challenge to his claim of unfair dismissal, on the ground that he did not have one year’s employment, the Employment Judge’s decision to that effect was reversed as he incorrectly applied Ford v Warwickshire to the reason for the Claimant’s absence of 7 weeks between the two contracts. The correct approach is to look at the reason for the termination of the first contract. It was not disputed that in hindsight the interval was short and temporary so the matter did not require remission.
Judges:
McMullen QC J
Citations:
[2010] UKEAT 0199 – 10 – 0809, [2011] IRLR 463
Links:
Employment
Updated: 25 August 2022; Ref: scu.425023