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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?
It is permissible to dismiss an employee on
the grounds of misconduct that occurred outside the workplace provided that the
conduct complained of is thought likely to affect the continued employment
relationship. The Acas code of practice on disciplinary and grievance
procedures (PDF format, 1.63MB) (on the Acas website) states that where an employee is charged with or convicted of a criminal
offence not related to work this is not in itself a reason for disciplinary
action. The employer should give consideration to what effect the charge or conviction has on the employee's suitability to do the job and the employee's relationship with his or her employer, work colleagues and customers.
The types of criminal offence that are
most likely to affect the employment relationship are those involving
dishonesty, violence and sexual offences. The employer must establish the facts of the case and decide whether or not it is appropriate to commence the disciplinary procedure. The fairness of a dismissal in each
case will depend on the nature of the individual's job in relation to the type
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