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Is continuity of employment preserved following reinstatement?

The EAT has overturned an employment tribunal's decision that continuity of employment was broken during a four month gap between a claimant's dismissal and his reinstatement, which was negotiated as part of the settlement of his unfair dismissal claim. Under the Employment Protection (Continuity of Employment) Regulations 1996, to which the tribunal had not been referred, a dismissed employee who presents a relevant tribunal complaint (including a claim for unfair dismissal) and is then reinstated or re-engaged in consequence of that complaint, is entitled to continuous employment throughout the intervening period. The fact that the claimant had worked for another employer during that period did not change the analysis. The EAT remitted the case to the tribunal to determine whether the claimant had in fact been reinstated in consequence of his original unfair dismissal claim, or for some other reason. (Lipinski v Ebbsfleet Autospray Centre Ltd UKEAT/0288/12.)

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