Rogers & Norton News

Continuity of employment

Friday, September 20, 2013

Lipinski v Ebbsfleet Autospray Centre Ltd

Mr Lipinski’s relationship with Ebbsfleet could best be described as on/off. It went like this:

  • started work in October 2006

  • dismissed in July 2008

  • re-engaged in December 2008

  • dismissed in March 2010 (and brought an unfair dismissal claim)

  • started working for another employer

  • reinstated by Ebbsfleet in July 2010 (and dropped his claim)

  • dismissed in May 2011 (and brought a claim).

Disjointed, yes. But how continuous was his service? To be able to claim unfair dismissal after the 2011 dismissal, he’d need to have been continuously employed for at least one year.

The Employment Appeal Tribunal said that he had been because of regulations which are in place to preserve continuity in certain, specific, circumstances. These are where:

  • the employee has been dismissed;

  • they have presented a complaint about that dismissal; and

  • as a consequence of that complaint, the employee is reinstated or re-engaged.

The employment tribunal will now decide if Mr Lipinski satisfied all three of these. If he didn’t, he could be facing another dismissal – of his case. But there’s always the chance of an appeal