Continuity of Employment

[Thanks to Leanne Targett-Parker of Temple Court Chambers for providing this case summary]

The EAT has handed down its decision in Hussain v Acorn Independent College, stating that a teacher's continuity of employment is not broken by the summer holidays, notwithstanding that he was working under different types of contracts.

Mr Hussain worked from 25 April 2008 to 8 July 2008 as a cover teacher at the Respondent college, when a teacher fell ill. The ill teacher resigned on 8 July 2008, and the Claimant was offered permanent employment from 5 September 2008. The Claimant was dismissed on 12 June 2009.

The issue was whether there was continuity of employment of both contracts because of the temporary cessation of work during the summer holidays.

The EAT held that if the only reason for the termination of the first contract was a temporary cessation of work the two contracts were bridged by the interval due to the summer break (typical within an educational institution). It was not necessary that the teacher expected to return to work when he finished at the end of the summer time. The interval was short and temporary and the Claimant fulfilled both contracts in sequence for more than 12 months.