Continuous service

Case 3: The facts

Mrs Parkes, a care assistant at a care home, did not work fixed hours but was included on her employer's rota system and worked certain hours every week. She had holiday and notice entitlement, was covered by her employer's disciplinary and grievance procedure, and was paid net of tax and national insurance.

When the care home closed, Parkes claimed redundancy pay - but her employer argued that she was a casual worker rather than an employee. The employer pointed to two gaps in Parkes's employment, of around three months when there was no work available and of four weeks while she was caring for her sick mother.

The ruling

The Employment Appeal Tribunal found that Parkes was an employee. There was a mutuality of obligation between her and the employer, and when she attended work she was under the employer's control.

It added that the two periods of absence did not break Parkes's continuity of service - the first was a temporary cessation of work and the second was unpaid leave.

Parkes therefore had the necessary employment status and length of service to pursue her claim.

Patricia Watts T/A Ten Gables Nursing Home v Parkes UKEAT/0262/05