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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 are the key legal points regarding the termination of employment?

If a contract of employment is terminated by mutual consent, is an employee still entitled to claim unfair dismissal?

Can an employee claim unfair dismissal on expiry of his or her fixed-term contract of employment?

How much notice is a resigning employee required to give his or her employer?


Can an employee retract his or her resignation?

An employee can resign at any time by giving proper notice under his or her contract of employment. Although there is no legal requirement for a resignation to be in writing, in order to avoid any confusion over whether or not an employee has resigned it may be beneficial for an employer to include a clause in employees' contracts of employment stating that resignations must be in writing. Once a resignation has been given it cannot be withdrawn other than with the employer's express permission, or where it was given in the heat of the moment and then speedily retracted.

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What options does an employer have where an employee who has resigned begins to underperform during his or her notice period?

Can an employee claim unfair dismissal if he or she has resigned?

Where an employee resigns, can the employer pay the employee in lieu of his or her notice period?

Are there any possible repercussions for an employer that persuades an employee who has resigned and accepted an offer with another employer to stay?

How can an employer prevent a possible discussion about a compromise agreement resulting in a claim for constructive dismissal?

Are there any circumstances in which a contract of employment can end without resignation or dismissal?

Can an employer dismiss an employee because he or she is in prison?

Can an employee claim unfair dismissal where a contract that was entered into for the completion of a specific task comes to an end?

Must an employee have been employed for a particular period of time before he or she can claim constructive dismissal?

Will the dismissal of an employee who is taken on temporarily to fill in for a pregnant woman be fair?

Where a fixed-term employee's contract is due to terminate while she is on maternity leave, does the employer have any obligation to re-employ her at the end of her maternity leave?

Where an individual has been employed on a 12-month fixed-term contract to cover maternity leave, can the employer terminate the contract early if the woman on maternity leave decides to return early?

Are employees on fixed-term contracts entitled to statutory notice of their dismissal?

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