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?
Yes. Where there is a TUPE transfer, employees who were
employed by the transferor immediately before the transfer, automatically
become employed by the transferee, from the moment of the transfer. They will
be entitled to the same terms and conditions they enjoyed with the transferor. The
transferee cannot therefore pick and choose which employees it takes on.
If, following the transfer, the transferee refuses to accept an
employee with a poor attendance or disciplinary record, the employee can treat
him- or herself as dismissed and make a claim of unfair dismissal, against the
transferee. However, he or she must have at least one year's continuous service (or two years' continuous service if his or her employment begins on or after 6 April 2012)
to be able make such a claim.
Employers should note that all employees, regardless of length of service, can make
claims for wrongful dismissal, ie for failure to pay their notice.
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