An individual’s continuous employment is calculated in months and years, starting with the date he or she begins working with the employer. It is important to establish an employee’s minimum period of continuous employment with an employer as it enables them to be eligible for certain rights and payments such as unfair dismissal and statutory payments such as statutory redundancy payment and statutory maternity pay.

Generally, the continuity will usually be broken by a break of at least one clear week between the two contracts of employment; for example, if an employee resigned in June 2023 and returned to work for the employer in September 2023. However, there are certain exceptions to this:

• Absence due to sickness or injury. However, if the period of absence continues for longer than 26 weeks, any time in excess of this will not count towards the period of continuous employment per Article 8 of the Employment Rights (Northern Ireland) Order 1996.
• Temporary cessation of work for example a loss of a contract. The employee must be unable to attend due to the lack of work as opposed to not attending of their own accord.
• Absence due to a working arrangement: for example, the employee working alternate weeks.
• Absence due to annual leave or other types of leave, for example, maternity leave.
• Absence due to an unfair dismissal claim and subsequent reinstatement. The weeks between the dismissal date and the reinstatement date will count towards an individual’s continuous employment.
• Absence due to industrial or strike action. In participating in industrial or strike action, an individual’s continuous employment is considered to be postponed. Therefore, whilst the period of time does not count towards continuous employment, it does not break the continuity of an individual’s employment.

Legal Island Training Resources for Your Staff

HR Toolkit | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation? Legal Island has created an HR Toolkit that aims to provide comprehensive training to assist HR professionals in supporting line managers and employees throughout the employee journey. The suite of courses will offer practical advice to assist you in updating your processes and procedures and help you understand your legal obligations.

Click here to view our HR toolkit.