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Employment Law

Legal guidance - compliance - software

13 SEP 2013

Koenig v The Mind Gym UKEAT/0201/12; (2013) EMPLR 031

8 March 2013

Employment Appeal Tribunal (EAT)

Langstaff J, President

The period of continuous employment starts when the employee first undertakes work under the contract of employment. Attending a work meeting voluntarily before the contract started did not mark the start of continuous employment.

K complained she had been unfairly dismissed shortly before she accrued one year's continuous employment. She had voluntarily attended a meeting with a client of the Respondent a few days before her contract started. She was not paid for that. She claimed that amounted to work under her contract of employment which started her period of continuous employment - giving her one year's continuous employment.

The tribunal and EAT said that there was no contract of employment operating when she attended the client meeting; she attended voluntarily; she was not paid; so she was not there as an employee. Therefore her period of employment started when her contract started and she did not have one year's continuous employment.

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