LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
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.
To view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Employment Law online from the drop down menu
"A very welcome addition to the very limited range of material available on domestic employment...