Top 10 HR questions July 2024: Unfair dismissal changes

The Labour government has said that it will remove the qualifying period for unfair dismissal claims.

Where an employer wants to change employees’ terms and conditions, and cannot get the employees’ agreement, they have the option of dismissing them and re-engaging them on new terms. A new statutory code of practice, which employers must follow if they are considering this option, makes clear that dismissal and re-engagement should be a last resort.

The new code includes recommendations for employers to follow about the information-sharing and consultation process. The employer’s aim should be to obtain employees’ consent to the change if possible.

Two FAQs in the top 10 for July deal with the process to follow to change employees’ terms and conditions. The top question looks at how long the consultation period should last.

The top 10 HR questions in July 2024:

1. How long must an employer consult with employees for when seeking agreement to change their contracts?

2. Should an employer deal with an employee’s poor performance through its disciplinary or capability procedure?

3. Is it possible to change the terms of a contract by dismissing the employee then re-engaging them under different terms?

4. What is an employee value proposition (EVP)?

5. What does the phrase “without prejudice” on a letter mean?

6. Can an employer ask a prospective employee to fill in a medical questionnaire?

7. How is the qualifying period for unfair dismissal claims calculated?

8. What is “employee liability information” under the TUPE Regulations 2006?

9. Can an employer dismiss an employee on long-term sickness absence before they have exhausted their entitlement to contractual sick pay?

10. If an employer pays enhanced maternity pay, must it also enhance pay to employees on shared parental leave?

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