Legal Question in Employment Law in United Kingdom
period of employment
I have recently been dismissed from my place of work after 50 weeks, prior to this I worked as a casual employee for 2 weeks, there was no break in the employment. Does the casual work count as part of my employment if I wish to go for wrongfull dismissal. I have not been given a reason for my dismissal but I have written and asked for a full explanation and recorded my right to appeal.
1 Answer from Attorneys
Re: period of employment
"Casual" employment may mean a number of things but to claim compensation in an Employment Tribunal for Unfair Dismissal (unlawful dismissal means simply that no notice or the incorrect length of notice was given) you must have been continuously employed for one year at the effective date of your dismissal. The basic rule for calculation of length of continuous employment is simply to ascertain the start and end dates of employment. There is a presumption that employment with the same employer during the period between is "continuous employment" unless the Employer shows the contrary.
To be "employed" you must be working under a contract of employment. This can be entirely oral and whether your employment started at the end or the beginning of this "casual" period will depend
on the precise circumstances of your status during the two week "casual" period.
If you were given no notice and were sacked on the spot you may be able to add another week onto you " continuous " period for the statutory notice you were entitled to.
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