The EAT has ruled that a teacher's continuity of employment is not broken by the school summer holidays, even if that teacher works under different types of contracts.

The employee worked as a cover teacher at a college during another teacher's sick leave. When the ill teacher later resigned the employee was offered permanent employment starting after the school summer holidays. He was then dismissed the following year. The EAT held that the only reason for the termination of the first contract was a temporary cessation of work and that the two contracts were bridged by the interval due to the summer break, which was typical within an educational institution. The break between contracts was short and temporary; therefore the employee fulfilled both contracts in sequence for more than 12 months (and therefore could bring a claim for unfair dismissal).

Hussain v Acorn Independent College