Employment Rights Act 1996, section 211

Period of continuous employment

Part XIV Interpretation

(1)An employee’s period of continuous employment for the purposes of any provision of this Act—

(a)(subject to [F1069subsectionF1069] (3)) begins with the day on which the employee starts work, and

(b)ends with the day by reference to which the length of the employee’s period of continuous employment is to be ascertained for the purposes of the provision.

F1070 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If an employee’s period of continuous employment includes one or more periods which (by virtue of section 215, 216 or 217) while not counting in computing the length of the period do not break continuity of employment, the beginning of the period shall be treated as postponed by the number of days falling within that intervening period, or the aggregate number of days falling within those periods, calculated in accordance with the section in question.

Definitions used in section 211 2

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
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

Cases considering section 211 3

Fitzgerald v University of Kent At Canterbury

[2004] EWCA Civ 143 · 17 February 2004Interprets

Applies the statutory rule that continuity ends by reference to the day relevant to the particular statutory purpose; parties cannot redefine that endpoint by agreement. (see paras [14]; [19]; [20])

O'Sullivan v DSM Demolition Ltd

[2020] UKEAT 0257_19_1505 · 15 May 2020Interprets

The court held that continuous employment begins when the employee starts work under a contract of employment with the employer against whom the claim is made. Work undertaken outside such a contract, even if related to anticipated employment, does not count.

Koenig v The Mind Gym Ltd

[2013] UKEAT 0201_12_0803 · 8 March 2013

Section 211 requires the Tribunal to identify when the employee first started work under a contract of employment. Work merely related to prospective employment does not qualify. On the facts, continuity began on the contractual start date. (see paras [3]; [5]; [20]-[23])

What each judgment says about section 211 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F1069Word in s. 211(1)(a) substituted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 49(1), Sch. 8 para. 35(2) (with regs. 44-46)
  2. F1070S. 211(2) repealed (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 49(1), Sch. 8 para. 35(3) (with regs. 44-46)

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)