Top 10 HR questions in February 2014


In a new regular column, we bring you the most popular frequently asked questions on XpertHR. Last month, employers were preoccupied with the changes to TUPE that came into force on 31 January.

FAQs on the definition of an “ETO reason” and on the effect of TUPE on collective agreements were among the most popular.

Other questions that feature in the top 10 cover the right to time off for doctor or dentist appointments and what employers should discuss with employees when carrying out individual redundancy consultation.

  1. What is an “economic, technical or organisational reason” for dismissal under the TUPE Regulations 2006?
  2. Must an employee have been employed for a particular period of time before he or she can claim constructive dismissal?
  3. Do employees have a right to time off to attend doctor or dentist appointments?
  4. What should the employer and employee discuss at an individual redundancy consultation meeting?
  5. Following a TUPE transfer, can the transferee change employees’ terms and conditions that were incorporated from a collective agreement prior to the transfer?
  6. What types of break between contracts would not constitute a break in continuous employment?
  7. Where an individual has accepted an employment offer can the employer withdraw it where, for example, a freeze on recruitment has subsequently been put in place?
  8. For how long should an employee be suspended while a disciplinary investigation into alleged misconduct is carried out?
  9. Do employees on maternity leave continue to accrue holiday during this period?
  10. For how long is an employer obliged to consult with employees to obtain agreement to changes to their contractual terms?
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