Top 10 HR questions in March 2014

Resignation

What should an employer do in response to the common scenario of an employee resigning in the face of disciplinary proceedings?

That question topped the list in our new regular column, which reveals the most popular frequently asked questions on XpertHR over the past month.

FAQs on various aspects of termination of employment and on TUPE dominate the top 10:

  1. If an employee resigns after disciplinary proceedings have been commenced, should the employer continue the disciplinary procedure?
  2. Given that the expiry of a fixed-term contract constitutes dismissal, what will usually be a fair reason for dismissal?
  3. Do employees have a statutory right to time off for fertility treatment?
  4. What is an “economic, technical or organisational reason” for dismissal under the TUPE Regulations 2006?
  5. Must an employee have been employed for a particular period of time before he or she can claim constructive dismissal?
  6. Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?
  7. If an employer failed to follow its procedures for employees on probation, would a dismissed probationer have any redress?
  8. Do employees have a right to time off to attend doctor or dentist appointments?
  9. Can an employee claim unfair dismissal on expiry of his or her fixed-term contract of employment?
  10. The duty to consult in a TUPE situation arises where an employer envisages taking measures in relation to affected employees, but what sort of measures would this cover?
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