An individual’s entitlement to certain employment rights depends on their length of continuous service with the same employer, for example, in most cases an employee needs to have one years’ continuous service to be able to take a claim for Unfair Dismissal. A break of a week or more is usually enough to break continuity of employment. In certain circumstances, however a gap in employment does not break continuity, for example, if an employee is dismissed because of a temporary cessation of work or an employee is dismissed from work because of sickness or injury and is re-employed within 26 weeks of the contract being terminated – the period in between will count as part of an employee’s continuous service.
See Rights at Work – for examples of employment rights that accrue with continuous service.
The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.
The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.
While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.