Workplace Report July 2002

Features: Law at work

Career breaks

The Employment Appeal Tribunal (EAT) has made an important ruling that employment continues during a career break even though there is no contract of employment and no obligation to work or to be paid. A career break can amount to an "arrangement or custom" under which employment is regarded as continuing. This means that an employee who takes a career break, returns to work and then at a later date is made redundant can have her service prior to the break taken into account when assessing her length of service for redundancy pay.

* Curr v Marks & Spencer EAT/1284/00