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Nicholas v Grant T/A Sandancers Cafe - Continuity of Employment [2006] EAT

The licence to run the Sandancers Cafe in Herne Bay where Mrs Nicholas was griddle cook was transferred from a Mr Farrow to Mrs Grant in February 2005. At the time of the transfer Mr Farrow offered Ms Nicholas work at another establishment he ran but she declined and resigned. Nevertheless she continued to work at Sandancers for several more months. She eventually resigned in May and claimed constructive unfair dismissal.

A tribunal found that as a result of her resignation she had not clocked up the 12 months continuous employment needed to make an unfair dismissal claim.

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