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This month’s top 10 HR questions

Unsurprisingly, several of the questions featured in our top 10 most popular questions during August are recent additions to the FAQ section of XpertHR. But with almost 1000 FAQs available, why not browse some of the older questions? And, if you can’t find the answer to your particular question, you can always use the Suggest a question button [subscription required]. Even if your suggestion isn’t suitable for publication as an FAQ, it might still provide useful ideas for guidance that could be commissioned for other areas of the site, or prompt more detailed examination of a problematic subject.

1. If an employer makes a job offer and the candidate accepts, can the employer change its mind and withdraw the job offer if nothing has yet been put in writing?

2. Under the TUPE legislation, where an employee has a bad attendance or disciplinary record, is the transferee obliged to accept the employee?

3. Where an employee is adopting two children, will he or she be entitled to two periods of adoption leave?

4. Can an employer reject candidates for employment on the basis that they smoke?

5. Does an employee need a minimum period of service to bring a claim of unfair dismissal when dismissed by reason of a TUPE transfer?

6. Is 'last in, first out' still a valid redundancy selection criterion?

7. 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?

8. Do employees on maternity leave continue to accrue holiday during this period?

9. What is the difference between a worker who is an employee and one who is not?

10. What are employee assistance programmes and how do they work?

Joanna Stubbs | |

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Comments (2)

Frances Jones :

Although you can legally discipline a member of staff who is on maternity leave, what are the implications, particularly in terms of discrimination? And how should it be handled?

Jo Stubbs:

I've just done a quick search of XpertHR (disciplin* AND maternity), and the first article returned is a case study from our topic of the week series looking at disciplinary issues in relation to pregnant women and women on maternity leave. This provides some useful advice. We'll also look into commissioning something on the subject for our practical "how to" section. Thanks for the suggestion.

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