Top 10 HR questions – March 2012

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Employers are already preparing for the new pension auto-enrolment rules, which will start to affect the largest employers from October this year. The top ten FAQs on XpertHR for March 2012 include a couple of questions on auto-enrolment, as well as an FAQ on how the increase to the unfair dismissal qualifying period, which takes place on 6 April 2012, will work in practice.

Other questions in the top ten look at redundancy selection pools, time off for antenatal care and variation of contractual hours.



  1. When does auto-enrolment come into force?
  2. Does the April 2012 increase in the qualifying period for unfair dismissal claims from one to two years apply retrospectively?
  3. Can an employer change an employee’s hours where there is no contractual clause authorising it to do so?
  4. What changes to workplace pension law will be made by the legislation on auto-enrolment?

  5. If an employee has a really bad attitude, is this a conduct or capability issue?
  6. In which redundancy situations will it not be necessary to determine a redundancy selection pool?
  7. Can an employer dismiss an employee because he or she is in prison?
  8. What rights do employees have in relation to time off work for antenatal care?
  9. If an employer pays an employee in lieu of notice, is the payment taxable?
  10. Can the transferee change the contracts of the incoming employees upon the transfer of a business covered by TUPE?

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