Continuous employment

Continuous employment is the unbroken period of service that unlocks most statutory employment rights. The qualifying period for unfair dismissal is two years — but many rights apply from day one, and some dismissals need no qualifying period at all.

How long do I need to have worked somewhere to claim unfair dismissal?

Under ERA 1996 s.108, you normally need two years of continuous employment to bring an unfair dismissal claim. The Employment Rights Reform Bill 2025 proposes to reduce this to six months, but a commencement date has not yet been confirmed. Until the new threshold is in force, the two-year rule applies to most employees. Some forms of dismissal carry no qualifying period at all — see below.

What breaks continuity of employment?

Genuinely starting a new contract with no bridge to the old one breaks continuity. Dismissal and re-engagement can also break continuity unless a re-engagement happens within four weeks (ERA 1996 s.212). However, ordinary gaps — holiday, sick leave, maternity or paternity leave, notice periods — do not break continuity. Working through an agency for the same end-client may or may not preserve continuity depending on who the employer is.

Does TUPE preserve continuous employment?

Yes. When a business or service transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), employees transfer to the new employer on their existing terms, and all service with the old employer counts towards continuity with the new one. This is one of the most important protections for employees in business transfers.

Are there rights I have from day one of employment?

Yes. Many important rights apply from the first day. Protection from discrimination under the Equality Act 2010 applies immediately. Whistleblowing protection under the Public Interest Disclosure Act 1998 applies from day one. Pregnancy and maternity protections apply immediately. The right to a written statement of particulars must be provided on or before day one. The national minimum wage, working time rights, and statutory sick pay also apply from the outset.

How is continuity counted across multiple contracts?

ERA 1996 ss.210-219 set out the rules. Continuity is counted in weeks and is assessed week by week. Each week in which you have a contract of employment counts. Gaps of up to 26 weeks due to a temporary cessation of work, or a period where continuity is preserved by custom or arrangement, do not break the count. Part-time and zero-hours work can still build continuity if a contract exists and hours are worked.

If I was dismissed before reaching two years, can I still bring any claim?

Possibly. If your dismissal was for an automatically unfair reason — such as whistleblowing, trade union activities, pregnancy, or exercising a statutory right — no qualifying period is needed. Discrimination claims under the Equality Act 2010 also carry no service requirement. It is therefore worth checking the reason for dismissal carefully before assuming a claim is blocked by length of service.

Continuous employment

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Continuous employment

Last reviewed: June 2026

Continuous employment

is the uninterrupted period of service with the same employer (or a connected one), counted in weeks under

, that determines whether you qualify for statutory rights — most importantly the

two-year qualifying period for unfair dismissal

Where this comes from

ERA 1996, ss.210-219

— the complete rules for computing a period of continuous employment.

— imposes the two-year qualifying period for ordinary unfair dismissal claims.

— transfers of undertakings preserve continuity automatically on a business transfer.

Employment Rights Reform Bill 2025

— proposes reducing the qualifying period to six months; commencement date not yet confirmed.

Why continuous employment matters

Most employment rights that depend on service are measured against a period of continuous employment. The most important is the

two-year qualifying period

for ordinary unfair dismissal under ERA 1996 s.108. Without reaching this threshold, you cannot bring a standard unfair dismissal claim — though several exceptions exist.

Continuous employment also determines the value of your

in an unfair dismissal claim — a higher count of complete years of service produces a larger award. Statutory redundancy pay uses the same calculation.

Rights at a glance: day one versus two years

How continuity is counted

Continuity is assessed week by week. Any week in which you worked under a contract of employment counts, regardless of how many hours you worked. Part-time work, zero-hours contracts with a contract in place, and term-time working can all build continuous employment.

Under ERA 1996 s.212, the following periods also preserve continuity even if no work is done:

ordinary gaps during a temporary cessation of work

absence by arrangement or custom

(for example, a career break agreed with the employer); and

sickness or injury absence

up to 26 weeks. Maternity, paternity, and parental leave all count as continuous service.

What breaks continuity

Continuity breaks when there is no contract of employment — and no bridging provision — for a complete week. The most common breaks are: a clear termination followed by a gap before re-engagement; leaving to work for an unconnected employer; and a gap that exceeds the s.212 preservation limits.

Re-employment within

of a dismissal is treated as continuous (ERA 1996 s.212(3)(b) as applied by case law), so a short gap following dismissal does not automatically break continuity if re-engagement happens quickly enough.

TUPE transfers and continuity

Where a business or service transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (

), your employment transfers automatically to the new employer. Crucially, all service with the old employer counts towards continuity with the new one. Your start date for continuity purposes is your original start date, not the TUPE transfer date.

This matters enormously for employees approaching two years of service whose business is sold or whose service contract changes hands. Their continuity is protected — they do not restart the qualifying period with the incoming employer.

Priya started work on

. She took 10 weeks of sick leave during 2024, followed by a return to work. She was dismissed on

Her total period from start to dismissal is just under two years. However, the sick leave does not break continuity — it is preserved under s.212. The question is whether she crossed the two-year threshold on 1 March 2025. Since she was dismissed on 15 February 2025 —

13 days before two years

— she does not meet the qualifying period for ordinary unfair dismissal.

However, if the reason for dismissal was her sickness, she may have a claim for disability discrimination under the Equality Act 2010, which carries no qualifying period. The facts matter — the qualifying period is not the end of the analysis.

• Assuming the qualifying period means no claim exists.
• Many automatically unfair dismissal reasons carry no qualifying period. Always check why you were dismissed, not just how long you worked.
• Forgetting TUPE history.
• If your employer was recently acquired, your continuity may run back further than your payslips suggest.
• Treating a settlement of a prior claim as a new start date.
• A settlement of a previous employment claim does not necessarily reset the continuity clock.
• Ignoring time off that preserves continuity.
• Sick leave, maternity leave, and temporary layoffs do not break continuity — they may just not count towards the qualifying period length.

Frequently asked questions

Sources & further reading

• ERA 1996, ss.210-219
• — continuity of employment rules
• — qualifying period for unfair dismissal
• — transfer of undertakings regulations
• Continuous employment

Not sure if you qualify?

Start My Claim walks you through the qualifying period rules and checks which rights apply to your situation — including day-one rights that bypass the two-year rule.

Last reviewed: June 2026.

Two-year qualifying period confirmed under ERA 1996 s.108. Employment Rights Reform Bill 2025 reform noted as pending commencement.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm.