Top 10 HR questions February 2019: Redundancy, FTCs and maternity leave

When faced with the need to make redundancies, how should an employer decide which employees to select?

Redundancy exercises bring a risk of claims from employees that their redundancy was an unfair dismissal, or that they were selected for a discriminatory reason. The top FAQ for February 2019 looks at the main elements of a fair redundancy selection procedure.

The top 10 FAQs on XpertHR last month also includes employers’ questions on the termination of fixed-term contracts, where this occurs during maternity leave, or where the employer wants to end the contract early due to performance issues.

The top 10 HR questions in February 2019:

1. In a redundancy situation, how should an employer select which employees to make redundant?

2. How should a payment in lieu of notice be calculated?

3. What impact will Brexit have on EU nationals currently working in the UK?

4. Should regular overtime be taken into account when calculating weekly earnings for redundancy pay purposes?

5. Where a fixed-term employee’s contract is due to terminate while she is on maternity leave, does the employer have any obligation to re-employ her at the end of her maternity leave?

6. Can an employer withdraw a job offer on receipt of a poor reference?

7. Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?

8. Is it acceptable to issue a formal warning to an employee whose level of attendance is unsatisfactory, even where there are genuine reasons for the various absences?

9. Do employees have a statutory right to time off for fertility treatment?

10.During maternity leave an employee is not entitled to the benefit of terms and conditions relating to remuneration, but what counts as “remuneration”?