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Continuity of employment: Motive behind "gap" in employment irrelevant for continuity purposes

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    Sweeney v J & S Henderson (Concessions) Ltd [1999] IRLR 306 EAT (0 other reports)

In determining the question of continuity of employment for statutory employment protection purposes, employment tribunals need only examine each relevant week (that is, a week ending on a Saturday) to ascertain whether or not during any part of it an employee was working under a contract of employment for the employer against whom a claim is brought, holds the EAT in Sweeney v J & S Henderson (Concessions) Ltd [1999] IRLR 306. If that question is answered in the affirmative, no further enquiry is required.