Career breaks

Career breaks can break continuity according to the Court of Appeal.

Cheryl Curr had worked for the retailer Marks & Spencer for nearly 20 years when she was granted a career break. Having returned to work she continued in employment for another five years and then was made redundant. The company calculated her redundancy pay purely taking account of her years of work since her return. Curr claimed that all of her service should be included in the calculation and the EAT accepted her claim (see Bargaining Report, July 2002). The company appealed.

The Court of Appeal has now reversed that decision and ruled that she did not have continuity. Although it castigated the company for failing to make clear to the employee what risks she faced by taking the career break, had put her outside the continuity laws. There was no agreement or custom under which she continued to be regarded as an employee and this meant that the company did not employ her immediately prior to her second period of service.

* Curr v Marks v Spencer, Court of Appeal 30 January 202.