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Top 10 HR questions - October 2009

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October's top 10 most frequently accessed faqs on XpertHR include a number on how to handle issues relating to part-time employees and a number on entitlement to a redundancy payment.

The most popular question, arising from the decision in the Heyday case at the end of September, asked what will happen to tribunal cases that had been stayed pending the decision in that case.

  1. What will happen to employment tribunal claims that were stayed pending the decision in the Heyday case on the default retirement age?
  2. Where an employee is unable to take all the statutory annual leave that she has accrued during maternity leave during that annual leave year, because she is on maternity leave, must she be allowed to take it during the following year?
  3. Where a full-time position is advertised, is the employer required to consider an applicant who informs it at interview that she would like to work part time?
  4. Where an employee has recently changed from full-time to part-time hours how should his or her redundancy payment be calculated?
  5. If a part-time or shift-working employee is not scheduled to work on a bank holiday, is he or she entitled to an additional day's holiday?
  6. 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?
  7. If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?
  8. Can an employer change an employee's hours where there is no contractual clause authorising it to do so?
  9. Where an employer has granted an employee's request to work beyond retirement age, but that employee subsequently becomes redundant, is he or she entitled to statutory redundancy pay?
  10. What rate of the national minimum wage is payable when 1 October 2009 falls within a worker's pay reference period?

Photo: Margaret Anne Clarke

Susie Munro | |

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