Employment Rights Act 1996, section 210

Introductory

Part XIV Interpretation

(1)References in any provision of this Act to a period of continuous employment are (unless provision is expressly made to the contrary) to a period computed in accordance with this Chapter.

(2)In any provision of this Act which refers to a period of continuous employment expressed in months or years—

(a)a month means a calendar month, and

(b)a year means a year of twelve calendar months.

(3)In computing an employee’s period of continuous employment for the purposes of any provision of this Act, any question—

(a)whether the employee’s employment is of a kind counting towards a period of continuous employment, or

(b)whether periods (consecutive or otherwise) are to be treated as forming a single period of continuous employment,

shall be determined week by week; but where it is necessary to compute the length of an employee’s period of employment it shall be computed in months and years of twelve months in accordance with section 211.

(4)Subject to sections 215 to 217, a week which does not count in computing the length of a period of continuous employment breaks continuity of employment.

(5)A person’s employment during any period shall, unless the contrary is shown, be presumed to have been continuous.

Definitions used in section 210 3

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
week

“week”—

(a)

in Chapter I of this Part means a week ending with Saturday, and

(b)

otherwise, except in sections 27C, 75F, 75H, 80A, 80B , 80EA , 80EF , 80J and 86 and paragraph 11 of Schedule A1 , means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day and, in relation to any other employee, a week ending with Saturday.

Defined in s.235(1) · see it in the full Act

Cases considering section 210 10

Oakland v Wellswood (Yorkshire) Ltd

[2009] EWCA Civ 1094 · 30 July 2009Defines

Defines references to continuous employment by requiring the period to be computed under Chapter 1 of Part XIV. This framed the Court’s analysis of section 218 (see para [15]).

Curr v Marks & Spencer plc

[2002] EWCA Civ 1852 · 13 December 2002Interprets

Defines references to continuous employment by reference to Chapter I of Part XIV. It supplied the statutory route to section 212. (see opening statutory discussion) Requires questions about qualifying employment and whether periods form one continuous period to be determined week by week. (see opening statutory discussion) Confirms that a week which does not count towards continuous employment breaks continuity. This supported the conclusion that the Child Break period could not be aggregated. (see opening statutory discussion; heading “Arrangement”)

Schwarzenbach (t/a Thames-Side Court Estate) v Jones

[2015] UKEAT 100_15_409 · 4 September 2015Disapplies

The presumption that employment is continuous does not apply where continuity is governed by section 218 following a change of employer. The Employment Tribunal therefore erred in treating the Respondents as bearing a statutory burden to rebut that presumption, although the error was not decisive. (see paras [12]; [42]; [51])

2 more judgments, and what each says about section 210, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Modifications

  1. C213Ss. 210-219 applied (E.W.) (1.4.2020) by The Agricultural Wages (Wales) Order 2020 (S.I. 2020/347), arts. 1, 2(3)
  2. C214Ss. 210-219 applied (22.4.2022) by The Agricultural Wages (Wales) Order 2022 (S.I. 2022/417), arts. 1(2), 2(3)
  3. C215Ss. 210-219 applied (E.W.) (6.8.2022 with effect from 1.4.2022) by The Agricultural Wages (No. 2) (Wales) Order 2022 (S.I. 2022/794), arts. 1, 2(3)
  4. C216Ss. 210-219 applied (1.4.2023) by The Agricultural Wages (Wales) Order 2023 (S.I. 2023/260), arts. 1, 2(3)
  5. C217Ss. 210-219 applied (W.) (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 2(3)