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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.
What are the qualifying conditions required for an employee to bring a claim of unfair dismissal?
In what circumstances does an employee not need minimum qualifying service to claim unfair dismissal?
Does the April 2012 increase in the qualifying period for unfair dismissal claims from one to two years apply retrospectively?
How is the qualifying period for unfair dismissal claims calculated?
Does an employee need a minimum period of service to bring a claim of unfair dismissal when dismissed by reason of a TUPE transfer?
Can an employee with less than the required service to claim unfair dismissal who believes that he or she has been unfairly selected for redundancy bring a tribunal claim?
Are there any employees who are not covered by unfair dismissal legislation?
Do the Agency Workers Regulations 2010 give agency workers the right to claim unfair dismissal?
Can an employee be dismissed on the basis that he or she did not disclose a medical condition on the application form?
Is it unlawful for an employer to dismiss an employee for incompetence?
Under the TUPE legislation, where an employee has a bad attendance or disciplinary record, is the transferee obliged to accept the employee?
When is it permissible for an employer to terminate the contract of an employee on the grounds of ill health?
Can an employee who is expected to have a long period of sickness absence due to injury sustained during participation in a dangerous sporting activity be dismissed earlier than would normally be the case?
Is it permissible to dismiss an employee on the grounds of misconduct that occurred outside the workplace?
Can an employer dismiss an employee because he or she is in prison?
Can an employer fairly dismiss an employee because he or she has a criminal conviction for football hooliganism?
Can an employee be dismissed for being a member of an extreme political party, for example the BNP?
When a contract of employment is terminated by mutual consent
or by agreement between employer and employee, in theory the employee has no
entitlement to claim unfair dismissal. However, if the facts surrounding the
termination indicate that pressure was brought to bear by the employer on the
employee to resign, it could be held that the employee was in fact dismissed. A
court or tribunal would also need to establish whether there was an equality of
bargaining position between the parties or if any offer was presented on a take
it or leave it basis and used as a method to force an employee to "resign".
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