Commentary

(c) Anti-avoidance (2): continuity of employment

Division AI Categories of Worker
| Commentary

(c) Anti-avoidance (2): continuity of employment

| Commentary

(c)     Anti-avoidance (2): continuity of employment

The obvious problem here (given the nature of agency work, at least in its traditional 'temping' nature) is breaks during what would otherwise be the qualifying period, possibly put in deliberately. The approach in SI 2010/93 reg 7(5)–(11) is to deem there to be continuity through the following breaks during or between assignments, ie where the break is:

  1.  

    (a)     for any reason and the break is not more than 6 calendar weeks (ie a basic 'forgiveness' rule for any break up to 6 weeks);

  2.  

    (b)     wholly due to the worker's incapacity through

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