Can New Starters Undertake Work Before Their Contract Starts?

It is usual practice for schools to issue teachers and other term time staff with contracts to commence on 1 September.

There are a number of reasons why schools may ask new members of staff to undertake some training, have access to the systems or prepare work before their contract officially starts.

One of the potential risks of this was highlighted in the recent case of Mr R O'Sullivan v DSM Demolition Ltd which considered whether such activities would trigger the start of their continuous service.

Continuous service is relevant where a qualifying period is necessary to bring a claim. A claim for unfair dismissal usually requires the employee to have completed a minimum period of two years' continuous employment with their employer.