Please note that this website has a UK government accesskeys system.
Many of your employment rights only apply if you have a minimum period of continuous employment. Continuous employment usually means working for the same employer without a break, however there are exceptions to this.
Continuous employment usually means working for the same employer without a break. Absence from work due to any of the following counts as continuous employment, provided your employment contract continues throughout:
Continuous service is worked out in months and years, starting with the date you began work for your employer. If there is a break in your employment then normally none of the weeks or months before that date will count as continuous service.
For example, you work for a company for five years and then take a job with another business for six months before returning to your original employer. Your continuous employment would not include the five years you previously worked for the company.
There are some circumstances where short breaks in your employment contract can still be counted as continuous employment.
If you do not have a contract of employment with your employer for a number of weeks, the time still could count towards your continuous employment, if:
Following an unfair dismissal claim and reinstatement, weeks which fall between the date you were dismissed and the date that you are reinstated count towards your continuous employment.
During industrial or strike action your continuous employment is treated as 'postponed'. This means that the period you were on strike for will not count towards your continuous employment, but it does not break the continuity of your period of employment.
Instead your starting date is treated as being postponed for that number of days. For example, if you started with a new employer on 1 February and over the course of a year you spent five days on strike, your starting date for continuous employment would be 6 February.
Working abroad generally counts towards your period of continuous employment. If you are trying to work out how much redundancy pay you could be entitled to, overseas employment may count. You will need to have been classed as an employed earner for social security purposes during that week. For further help on what this means for you, contact HM Revenue & Customs, Acas (the Advisory, Conciliation and Arbitration Service) or your local Citizens Advice Bureau.
If you change employer that normally counts as a break in your employment. However, there are certain situations where time with a previous employer can count towards the continuous employment with your current employer. These are:
It is always best to try and sort out any problem with your employer informally. For more information on where to get help with employment issues visit the employment contacts page. If you are a member of a trade union, you can get help and advice from them.
If you are in a dispute about your length of service that you cannot resolve, you may be able to make a claim to an Employment Tribunal.