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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Did she receive a new contract?
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Can I please check whether there was a gap between the time she resigned and her original employment terminated and when she started the new job? If so, how long was it?
Thank you. There are a couple of legal provisions which may work against you here unfortunately. One is that there should have been a break of at least one week between the two jobs for the severance of continuity to have been broken. So if there was no gap or it was less than a week, then continuity of employment would have been preserved.
The other issue is that whilst you may wish to try and argue that these were separate companies, the continuity of service applies to associated employers too, so even if they are two companies but they are controlled by the same person, they are associated employers and continuity can apply across them both.
If you can show that the company in Madagascar was one where the employee was not employed under UK law, i.e. the contract she worked under was not a UK one but a local one, you could argue that the UK Employment Tribunal will have no jurisdiction to consider the time in that and therefore only the latest job in the UK should be considered.
These are the primary factors that will be relevant here but in the end it is a rather technical legal matter which the Employment Tribunal will have to consider in more detail to make a decision
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