Throughout June 2009 what were HR professionals asking? The top 10 most frequently visited FAQs on XpertHR in the last month include some recent additions to the site on the subject of gender reassignment and toilet facilities, and whether or not the entitlement to a 20-minute rest break arises after every six hours worked. These questions were suggested by subscribers.
Other questions in the top 10 look at workplace maternity rights for surrogate mothers and the women for whom they give birth, and dismissal where the employer has previously granted an employee’s request to carry on working beyond retirement age.
- Should employees who are in the process of undergoing gender reassignment be required to use the toilet facilities for their original gender, or should they be entitled to use the facilities for the gender to which they are changing?
- Where an employee takes annual leave prior to her maternity leave, but gives birth early, will her maternity leave still start after the period of annual leave?
- Is a worker entitled to a 20-minute rest break for each six-hour period worked?
- In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees?
- Is an employer obliged to wait a certain period of time before re-employing an employee who was dismissed for redundancy?
- Will a woman for whom a surrogate mother gives birth to a child be entitled to paid maternity leave?
- Will a surrogate mother be entitled to paid maternity leave?
- If an employer grants a request for an employee to work indefinitely beyond retirement age, is there anything to prevent it seeking to retire the employee at any subsequent time?
- If an employer has granted a request for an employee to work beyond retirement age, which procedure should it follow if the employee subsequently begins to underperform?
- If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure?
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