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You are currently viewing: Frequently Asked Questions > Topics

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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Click to show the answer What are the pre-qualifying conditions required for an employee to bring a claim of unfair dismissal?

Click to show the answer Does an employee need a minimum period of service to bring a claim of unfair dismissal when dismissed by reason of a TUPE transfer?

Click to show the answer Can an employee be dismissed on the basis that he or she did not disclose a medical condition on the application form?

Click to show the answer Is it unlawful for an employer to dismiss an employee for incompetence?

Click to show the answer Under the TUPE legislation, where an employee has a bad attendance or disciplinary record, is the transferee obliged to accept the employee?

Click to show the answer When is it permissible for an employer to terminate the contract of an employee on the grounds of ill health?

Click to show the answer Is it permissible to dismiss an employee on the grounds of misconduct that occurred outside the workplace?

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

Click to show the answer Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?

Click to show the answer Can an employee claim unfair dismissal on expiry of his or her fixed-term contract of employment?

Click to show the answer Can an employee claim unfair dismissal if he or she has resigned?

Click to show the answer Once a claim for unfair dismissal is brought what must an employer do to defend its actions?

Click to show the answer How does a tribunal begin to determine whether an employer's decision to terminate employment is fair or unfair?

Click to show the answer How does a tribunal gauge whether an employee has been unfairly dismissed on the basis of misconduct?

Click to show the answer What are the likely ramifications for the employer if an employee succeeds in a claim of unfair dismissal?

Click to show the answer What is the difference between wrongful dismissal and unfair dismissal?

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