Before the decision of the EAT in Secretary of State for Employment v Cohen & Beaupress Ltd [1987] IRLR 169, [1987] ICR 570, a degree of ambiguity existed in the relevant authorities suggesting that there was a third problem with the presumption. This arose where the employee changed employers during the period of his or her employment. Normally, weeks worked with one employer do not count for another: ERA 1996 s 218(1) enacts that generally the provisions of Pt XIV Ch 1 relate to employment by the one employer. This applies equally to ERA 1996 s 210(5), as a provision within the Chapter, a point confirmed by the NIRC in Harold Fielding Ltd v Mansi [1974] IRLR 79, [1974] ICR 347 (a case subsequently disapproved by the Court of Appeal, but not on
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