(1)An employee’s period of continuous employment for the purposes of any provision of this Act—
(a)(subject to subsection (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.
(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.
Cases considering section 211 3
[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])
[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.
[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.