If an Employee’s Role Within the Same Company Changes From Part-Time to Full-Time Does This Affect the Continuity of Employment?

Posted in : First Tuesday Q&A NI on 2 November 2021
Chris Fullerton
Arthur Cox NI
Issues covered: The Employment Rights (Northern Ireland) Order 1996; Continuity; Working Time

The Employment Rights (Northern Ireland) Order 1996 has a set way of calculating continuity which overrides any agreement between the employer and employee. It depends on when the continuous period starts; when the continuous period ends; whether anything happens to break continuity between the start and the end; and whether any period of employment with another employer counts. The period of continuous employment begins on the date that the contract stipulates as opposed to the first day that the employee actually attends work. Likewise, the end date is the 'relevant date’ for the purposes of determining the employee’s length of employment rather than the last day actually worked.

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Back to Q&A's This article is correct at 02/11/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton