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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    The concept of continuous employment is of fundamental importance in UK employment law because:-

    Until 6th February 1995 part-time employment did not always count in computing a period of continuous employment. That was changed and all part-time employment (regardless of hours worked) now normally counts in calculating a period of "continuous employment" (see Part-time workers ) if the job is a continuing job. However there will be no continuity of employment if the work (whether full or part time) is simply a series of short self-contained engagements with gaps in between during which there is no "mutuality of obligation" between the employer and the employee (see Carmichael & anor v National Power plc (HL) 1999 ICR 1226, HL).

    A Government leaflet BERR "Rules governing continuous employment and a week's pay" is a useful summary of relevant law generally.

    See also Employee/employee or self-employed? and various sub-topics under Continuous Employment for further notes.



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    reviewed June2010
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