FAQs

All items: Continuous employment

Must an employee have been employed for a particular period of time before they can claim constructive dismissal?

The qualifying period for unfair dismissal is reduced from two years to six months for dismissals on or after 1 January 2027. This applies equally to constructive unfair dismissals.
How is the qualifying period for unfair dismissal claims calculated?

The qualifying period for unfair dismissal will reduce from two years to six months for dismissals on or after 1 January 2027.
For the purposes of unfair dismissal qualification, does continuous employment start from the date the contract was agreed or the first day of work?

Continuous employment begins with the day on which the employee starts work rather than the day on which the contract is agreed ...
Does a period of mobilisation break a reservist's continuity of service?
What happens to an employee's continuity of service if they are dismissed but reinstated on appeal?
What types of break between contracts would not constitute a break in continuous employment?
Is the right for shop and betting workers to opt out of Sunday working dependent on a period of continuous employment?
Where an employee has taken voluntary redundancy, is the employer prevented from re-employing them in the future?
Will an employee's continuous service be affected by a suspension while a disciplinary investigation is carried out?
Will a period of unpaid leave break the employee's continuity of service?

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About this category

Frequently asked questions and answers on continuous employment.