Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Probationary periodsLatest NewsHR practiceDisciplineDiscipline and grievances

Top 10 HR questions November 2022: probationary periods

by XpertHR 1 Dec 2022
by XpertHR 1 Dec 2022 Shutterstock
Shutterstock

It is common for employers to use probationary periods for new starters, but does this have an impact on the employer’s options for dealing with someone whose employment is not working out?

The top question this month looks at whether the fact that an employee is still in their probationary period prevents the employer from dismissing them. Another question looks at the legal issues that could arise if a probationer is dismissed.

A question on how employers should respond if an employee appears to be drunk at work also features. The FAQ advises caution about jumping to conclusions and recommends the involvement of occupational health where this is an option.

The calculation of holiday pay for term-time and other part-year workers continues to be a hot topic, following the Supreme Court decision in Harpur Trust v Brazel earlier in the year, and is the subject of one of the most popular FAQs last month. That case focused on individuals who have employee status and an ongoing contract of employment, but who do not work throughout the whole year. On the issue of employment status generally, another question looks at the difference between a casual worker and an employeee.

The top 10 HR questions in November 2022:

1. Must an employer wait until the end of the probationary period before dismissing an unsatisfactory probationer?

2. When does overtime have to be included in holiday pay?

3. How should an employer calculate a term-time worker’s paid holiday?

4. If an employer failed to follow its procedures for employees on probation would a dismissed probationer have any redress?

5. If an individual whose employment comes to an end fails to return company property what action can the employer take?

6. What does dismissal for “some other substantial reason” mean?

7. Can an employer anonymise witness statements obtained during a grievance or disciplinary procedure?

8. Where an employer suspects that an employee is working under the influence of alcohol, what action can it take?

9. Can unused statutory annual holiday be carried forward to the next holiday year?

10.When does a casual worker become an employee?
relx_copyright – This article is XpertHR.co.uk content (c) LexisNexis Risk Solutions Group

XpertHR
XpertHR

XpertHR is the UK's most comprehensive online source of legal compliance, good practice and benchmarking information made available to HR professionals as a single subscription service.

previous post
CPD: Learning new skills outside of OH – project management
next post
HR leaders join Social Mobility Commission employer advisory group

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Top 10 HR questions July 2022: heatwaves and...

1 Aug 2022

Police union demands action after ‘concerning’ attrition rates

16 Mar 2022

Top 10 HR questions February 2022: positive Covid...

2 Mar 2022

Top 10 HR Questions August 2021: NHS Covid...

1 Sep 2021

Ireland appeal court judgment restricts use of injunctions...

19 Feb 2021

Top 10 HR questions March 2019: Anonymous witness...

2 Apr 2019

Top 10 HR questions September 2018 – probation...

2 Oct 2018

The top 10 questions March 2018: Holiday entitlement...

4 Apr 2018

Top 10 HR questions February 2018: Consent to...

2 Mar 2018

HR horrors: How to flee four frightening scenarios

31 Oct 2017

  • The Workplace Today Guide: Why it pays to support your staff’s financial health PROMOTED | The cost of living crisis has hit...Read more
  • abrdn pensions master trust: an enhanced member experience PROMOTED | For most people, their pension will be the largest source of income in retirement...Read more
  • How can HR equip leaders to support a wounded workforce? PROMOTED | The World Health Organisation (WHO) has released new guidelines for employers...Read more
  • How HR manages absence and hybrid working (survey) WEBINAR | HR professionals are slowly realising...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+