FAQs

Can I continue with an investigation when the person goes off sick?

Yes, you can continue with an investigation if the person goes off sick, but you should be mindful of their health. Consider adjusting the process to accommodate their condition, such as delaying interviews or offering alternative communication methods. Ensure the employee is treated fairly and reasonably throughout the process.

For free managers guides and templates  –  Disciplinary & Grievance Guide and support templates (Support section)  👉 – https://breathingspacehr.co.uk/how-to-hr/

Go back to FAQs

Other questions we get asked about Support

Support

Can I dismiss someone who has a disability?

Yes, you can dismiss someone with a disability, but only if there is a fair reason, such as misconduct or capability issues, and after considering reasonable adjustments. Dismissal must not be related to the disability itself, to avoid discrimination claims. For free managers guides and templates  –  Supporting Disabilities support  (Support section)  👉 – https://breathingspacehr.co.uk/how-to-hr/

Read more
Support

An employee’s been absent for a while. What should we do?

Keep in touch sensitively, hold review meetings, seek medical/Occupational Health advice. Consider reasonable adjustments, and follow your absence/capability policy. Treat long-term sickness fairly and consistently.

Read more
Support

How do I legally lay off an employee?

Check the employment contract for a layoff clause. Provide written notice explaining the reason for the layoff. Offer statutory guarantee pay if eligible. Consult with the employee and explore alternatives (e.g., reduced hours). If the layoff is extended, consider redundancy procedures. The employee can also request redundancy. Employees can apply for redundancy and claim redundancy […]

Read more
Support

Can we dismiss quickly during probation?

Probation allows faster decisions but still requires a fair process: concerns explained, a chance to respond, notice/pay handled correctly, and care taken to avoid discrimination.

Read more
Support

Does an employee have to get signed back to work if they have been signed off by a Dr?

No, an employee doesn’t need to be signed back to work by a doctor unless their employer specifically requires it, such as for health and safety reasons. Fitness to work should be discussed at the return to work meeting.

Read more
Support

We’re a start-up with nothing in place. What’s legally essential?

Written employment contracts, core policies (disciplinary, grievance, absence, equality, data protection), Ro-work checks, payroll and auto-enrolment, Basic H&S, and compliant onboarding. Add a staff handbook as you grow.

Read more

Not found what you’re looking for? See our other categories

Employment Rights Act 2025 Explainer Download Now
Book a free consultation