How is the continuous period of employment worked out for unfair dismissal claims?

How is the continuous period of employment worked out for unfair dismissal claims

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Note that if you have been sick, taken paternity, maternity or adoption leave, have been temporarily laid off, taken your usual annual leave or had any other time off that your employer has agreed to, your period of employment is still continuous.

Your period of continuous employment is worked out from the date you started work. Note that if you do take a break from work, all the previous time you were employed before your break began won't count towards your period of continuous employment. Also, if you have any periods of time when you do not have a valid employment contract, these periods do not count towards your continuous employment.

If you make a claim for unfair dismissal to an employment tribunal, the Tribunal will consider your case and the period over which you worked for your employer. Generally, if you return to work for the company that dismissed you, all of the time between when you were dismissed and then reinstated will count towards the total time of your period of continuous employment.

All claims for unfair dismissal are usually only made if you have at least one year's continuous employment. However, if your employer dismisses you before you have at least 51 week's continuous employment with them, you can still bring a case of unfair dismissal before an employment tribunal if any of your statutory rights were broken. In these cases, automatic unfair dismissal would be the basis of your claim, which does not recognise minimum periods of continuous employment.

Continuous period of employment is an important component in any claim for unfair dismissal. If you are in any doubt about your period of employment, consult an employment law solicitor as soon as possible. They can assess your contract of employment and determine whether you have the requisite level of continuous period of employment to bring your claim of unfair dismissal before an employment tribunal.

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