Outlook video: employment law FAQs

XpertHR editors Jo Stubbs and David Shepherd answer some tricky employment law questions on issues including redundancy pay, maternity and TUPE. 

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XpertHR FAQs discussed in this video

The full answers to the questions discussed are available in the XpertHR FAQ section:

• Where an employee is made redundant shortly before the annual increase in the limit of a week's pay, but is paid in lieu of notice, which limit should be used to calculate his or her redundancy payment?
• Where a redundancy will take effect before a woman goes on maternity leave is she entitled to preferential treatment with regard to being offered suitable alternative employment?
• Where a job applicant is currently on maternity leave and would not wish to start the new role until the end of her maternity leave can the potential employer reject her application for this reason?
• Can keeping-in-touch days be taken as half days?
• Are the 10 keeping-in-touch days during maternity and adoption leave pro-rated for part-time employees?
• Is there any obligation on employers to increase the holiday entitlement of TUPE-transferred staff to match that of their existing workforce?
• Where the transferor paid a particular mileage rate to transferred employees, is the transferee obliged to continue to pay them at this rate even though it is higher than its normal rate?
• Under the age discrimination legislation is an employer prevented from using job titles including the words "senior" and "junior"?

Further related FAQs

We highlight just some of the related questions on XpertHR:

Redundancy

• Where an employee has recently changed from full-time to part-time hours how should his or her redundancy payment be calculated?
• Where an employee tenders his or her resignation prior to the announcement of the closure of the business will he or she be entitled to redundancy compensation?
• Where an employee has been given notice of redundancy, if he or she seeks to leave before the end of the notice period to take up a new job will this affect his or her statutory redundancy payment?

Browse all the redundancy rights FAQs

Pregnancy and maternity

• Where an employee is expecting twins, will she be entitled to two lots of maternity leave?
• Where a pregnant employee's job involves heavy lifting and there is no lighter work available for her to do can the employer insist that she start her maternity leave early?
• Where a baby is born before 24 weeks of pregnancy but lives for a short period only, will the mother be entitled to maternity leave and pay?

Browse all the pregnancy and maternity rights FAQs

TUPE transfers

• If an employee in a TUPE situation refuses to transfer, will he or she be entitled to a redundancy payment?
• Under the TUPE legislation, where an employee has a bad attendance or disciplinary record, is the transferee obliged to accept the employee?
• Where an individual is TUPE transferred does his or her continuous service start from the date of the transfer or from the start of employment with the transferor?

Browse all the transfer of undertakings FAQs

Age discrimination

• Can employers stipulate in job adverts that applications from individuals who have reached, or are within six months of reaching, retirement age will not be accepted?
• In light of the age discrimination legislation can employers still use university 'milk rounds' to recruit employees?
• Can employers still request applicants' work and education history, with dates, on their application forms?

Browse all the age discrimination FAQs