This month’s top 10 HR questions (XpertHR

This month’s top 10 HR questions

With the increase in minimum statutory leave on the first of the month, the issue of annual leave is high on our list of the top 10 most frequently asked HR questions during October. Questions on TUPE feature too – one of the most popular being about harmonisation. If you’ve been looking at that, you’ll probably be interested in XpertHR’s forthcoming guidance from TUPE expert John McMullen on dealing with this issue in practice. Look out for it in the coming weeks.

1. Can unused statutory annual holiday be carried forward to the next holiday year?

2. Can unused statutory annual holiday be replaced by a payment in lieu?

3. Does the Working Time Regulations 1998, regulation 13A affect all employers?

4. Can an employee be dismissed on the basis that he or she did not disclose a medical condition on the application form?

5. Can an employer harmonise the contracts of TUPE transferred employees with those of its existing workforce where the changes will be beneficial to them?

6. If an employee in a TUPE situation refuses to transfer, will he or she be entitled to a redundancy payment?

7. Do employees have a right to time off to attend doctor or dentist appointments?

8. If an employee in a TUPE situation refuses to transfer, to which employer should his or her resignation be submitted?

9. Where an employee who is disabled for the purposes of the Disability Discrimination Act 1995 is required to take time off to attend a medical appointment should the time off be paid?

10. Where an ex-employee raises a grievance after having left the company is the employer obliged to investigate it?

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