Although in normal circumstances moving from one employer to another will break continuity of employment, the circumstances in which this does not break continuity are:

  • Where the whole or part of a business of undertaking is transferred from one person to another
  • Where the employer dies and the employee is taken into employment by the personal representative or trustees of the late employer
  • Where there is a change in partners, personal representatives or trustees
  • Where an employee moves to another employer who was at that time an associated employer of the first employer
  • Where a local or public Act changes a Contract of Employment which results in the original body corporate employer being replaced by some other body corporate
  • Where a health service employee is employed by another health service employer
  • Where an employee of a maintained school is employed by the same local education authority or by a governing body of a school controlled by the same local education authority

Contractual Information Guide

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