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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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What happens to an employee’s continuity of service if he or she is dismissed but reinstated on appeal?

Where an employee is dismissed but reinstated on appeal, should he or she be paid for the time between the dismissal and the successful appeal?

What should an employer take into account in deciding if, and what, disciplinary action is merited?

Is an employer obliged to impose the same disciplinary action where two employees break the same rule?


When an employee is issued with a formal warning, should the employee be required to sign and return a copy of the warning letter?

As a matter of good practice, it is advisable for an employer to ask an employee to sign and return a copy of any letter recording a formal disciplinary warning, so there is a record that he or she has received it. However, there is no requirement for the employee either to acknowledge or to "accept" the warning for it to be valid. It is sufficient for the employer to give the employee a copy of the warning and retain a copy on his or her file.

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Can the time period for which a warning is active be "paused" when a woman goes on maternity leave and then "resumed" afterwards?

If an employee is absent without authorisation can the employer make a deduction from his or her pay?

Can an employer lawfully dismiss an employee whose absence is not authorised?

Can expired warnings be taken into account when deciding an appropriate penalty during subsequent disciplinary proceedings?

Where an employee is given a warning for a particular conduct issue, but then commits a different type of misconduct, can the employer move to the next stage of the disciplinary procedure to address that issue or must it start a separate procedure?

Do employers have the right to dismiss employees without notice?

Where an employer stipulates a probationary period for new employees must it wait until the end of this period before dismissing an unsatisfactory probationer?

If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure?

If an employer failed to follow its procedures for employees on probation would a dismissed probationer have any redress?

What are the possible consequences of failing to follow the Acas code of practice on disciplinary and grievance procedures?

Should an employer deal with an employee's poor performance through its disciplinary or capability procedure?

Is an employee entitled to be accompanied at a meeting to discuss poor performance?

What is a reasonable review period when setting targets for an employee who is underperforming?

For how long should warnings for poor performance remain "live"?

Do employers need to consider alternative work before dismissing an employee who is underperforming?

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