FAQs

How do I correctly calculate holidays for leavers?

Holiday Entitlement  – (pro rata)

number of days worked/number of days in a year x Holiday Entitlement (Incl Bank Holidays)

Subtract any holiday already taken.

If the employee has taken more than accrued, deduct the overused days from their final pay.

If they’ve accrued more leave than taken, pay for the remaining days.

For free managers guides and templates  –  Holiday requests and calculator template (Support section)  👉 – https://breathingspacehr.co.uk/how-to-hr/

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Other questions we get asked about Support

Support

Do I have to give bank holidays to an employee who doesn’t work on a Monday?

Yes By law, part-time employees and workers are protected from being treated less favourably than a full-time ‘comparator’. The law is the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.  The bank holiday allowance should be pro rata  (proportioned into hours worked) and added to their holiday allowance. For free managers guides and templates  […]

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Support

How can I reduce the risk of lawsuits due to wrongful termination?

To minimise legal risks: Consult Experts – Seek HR advice when handling complex HR matters! Follow Employment Laws – Stay updated on labour laws and regulations. Document Everything – Keep detailed records of performance, complaints, and terminations. Train Managers & HR – Provide training on fair hiring, workplace conduct and payroll compliance. Use Clear Policies – Ensure policies on termination, discrimination, and wages are well documented and consistently applied. Conduct Regular Audits – Review payroll, contracts, and workplace practices to identify risks.

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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.

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Support

If an employee is suspended pending investigation and they produce a fit note saying work related stress which process do I now follow?

You continue the suspension process, as a fit note for work-related stress does not override the suspension. However, you should acknowledge the fit note, offer support, and manage the investigation sensitively.

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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.

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Support

HR admin takes too much time. How can we streamline it?

Adopt an HRIS for leave, records, and documents; standardise templates; and automate onboarding/offboarding checklists and reminders.  Call Breathing Space as we provide Admin support!

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