05/10/2010
In Hussain v Acorn Independent College a teacher was working under a temporary contract to cover the illness of the permanently employed teacher. During the school holidays the ill teacher resigned and the temporary teacher was given permanent employment at the college.
The Claimant teacher was subsequently dismissed from his post less than a year after he became permanently employed. He had however been working more than a year at the college if his service prior to the school holidays was taken into account.
The EAT decided that for the statutory purposes of the Employment Rights Act 1996 section 108 of one year's continuous service (S. 108 Qualifying period of employment:—
"(1) Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than one year ending with the effective date of termination"), continuity of employment runs from the time of employment,
reversing the Employment Judge's decision as he had incorrectly applied Ford v Warwickshire regarding the Claimant's absence of 7 weeks between the two contracts .
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