Moving From One Employer to Another

Circumstances that do not break continuity of employment

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

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