20th September 2011, 09:33 PM
On the basis of conversations with HR specialists, it is legal to offer rolling contracts with breaks, but the employer may find that doing so does not have the intended effect of preventing the accrual of rights. To be a 'genuine break' there would have to be a time break, no intention to reemploy at the end of a contract, a different employer in between or benefits claim. Without these then legally the employee would have the same rights as one who had worked continuously. If you work for an employer who tries this, your first action should be to join a union, they will be able to advise the employer.