I had a question from a friend about her moving from being a worker to being an employee with no dismissal inbetween. Is she entitled to continuity of service?

She is now getting a contract with fixed hours, where previously it was variable and under a different business owner, although the business itself has not changed.

I wondered whether her holiday entitlement would go back 52 weeks into her worker status along with other continuity rights? Cant find anything relevant online to answer the question. Any thoughts???

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  • Hi Alice

    I believe agency worker service is not recognised for the purposes of continuity of service when they become an employee of the organisation. They would have had agency worker rights via AWR but i do not believe continuity of service is one of them. Though probably best to check on ACAS perhaps.

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