Career breaks

Case 13: The facts

Mrs Unwin took a career break after her baby was born. Less than a year after returning to work she resigned claiming constructive dismissal. The issue was whether the career break had broken her continuity of employment. The tribunal ruled against her and she appealed to the EAT.

The ruling

The EAT ruled in her favour. It noted that even during her career break certain aspects of the employment relationship continued. She continued to benefit from special loan arrangements available to staff only. This enabled the EAT to confirm that there was a continuing employment relationship within the definition of section 212(1) of the Employment Rights Act 1996.

* Unwin v Barclays Bank EAT/0273/02