Problem answer

This question, of course, is about continuity of employment and you will probably need to start with an analysis of the provisions contained in the ERA. Remember that there is a presumption of continuity that should be of assistance to all three individuals.

Terri should be able to claim continuous employment as the total period adds up to less than 26 weeks’ absence. There were no disability issues, so it is unlikely that she would also be protected by the Equality Act 2010.

Teresa is a casual worker and you will need to review the statute and cases on such employees. If she has been only employed for two periods during one year, then it seems unlikely that she could claim continuity of employment. Tom’s case might well be a dismissal as a result of a TUPE transfer. Such a dismissal would be unfair. You will need to spend some time on ensuring that he was employed at the time of the transfer and whether the sale of the farm could constitute a TUPE transfer that would automatically have transferred his contract of employment to the new farm owner.