UK Employment Law\ Employee \ Career Breaks
Taking a Career Break.
Many people decide to take career breaks for a range of reasons, whether it is to look after a sick relative, travel abroad, pursue an interest, or spend more time with the family. However, there is no legislation laid down in UK employment law specifically dealing with this area.
It is best to discuss such an option with your employer before making any plans, as many will not be too happy about losing someone for an extended amount of time, especially if they have invested much time and money in their training. It is also wise to examine the detail of your employment contract. Though your boss might not be in favour of such a break, he or she would have no grounds to use it to initiate disciplinary action or a dismissal.
It may be possible to reach a private agreement with an employer in order that a contract may be continued on return from the break. However, the employer is not bound by such an agreement and therefore you will not be able to take action if your employment is terminated on your return.
Some companies have career break policies allowing employees the ability to take them. If your company does have such a policy, and refuses you a break, then you can claim for a breach of contract on discrimination grounds. If your employer agrees to allow you a break, make sure you fully understand the conditions laid down – or you may find you have no job to return to.
A long term career break could entail terminating your employment contract in the hope of signing a new one on your return. It will also mean that you lose your statutory rights, and any accumulated rights for the amount of time you served.
Employees should be well aware of the constraints under which their employer operates. A small company will not be as able to accommodate an employee taking a long break, while a larger organisation may be able to. Some employers may see this as a chance for you to gain valuable experience if the break is related to another aspect of the business, or carrying out the same role, but in an overseas office.
It is worthwhile consulting an employment solicitor if you want to take a career break, as any mistakes in organising it could cost you dearly in terms of income and career prospects.
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