When do breaks in your continuous service still count for unfair dismissal purposes?

Some breaks in normal employment still count towards a continuous employment period. These are:

      • sickness, maternity, paternity, parental or adoption leave;
      • annual leave;
      • employment overseas with the same company;
      • time between unfair dismissal and an employee being reinstated;
      • when an employee moves between associated employers;
      • military service, eg with a reserve force;
      • temporary lay-offs;
      • employer lockouts;
      • when a business is transferred from one employer to another;
      • when a corporate body gets taken over by another because of a legal change.

Employment Law FAQs

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