In London Probation Board v Kirkpatrick, the EAT holds that the tribunal was correct to conclude that it is open to the parties to agree reinstatement as a matter of contract. Such an agreement, albeit made after the break in employment has taken place, fills in the gap for the purposes of computing the period of continuous employment, under s.212 of the Employment Rights Act 1996.
In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.