What are the qualifying conditions required for an employee to bring a claim of unfair dismissal?
Under the TUPE legislation, where an employee has a bad attendance or disciplinary record, is the transferee obliged to accept the employee?
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?
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.
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?
If a contract of employment is terminated by mutual consent, is an employee still entitled to claim unfair dismissal?
Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?
Given that the expiry of a fixed-term contract constitutes dismissal, what will usually be a fair reason for dismissal?
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