FAQs

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 pay if they’ve been laid off or put on short-time working and receive less than half a week’s pay for:
4 or more weeks in a row
6 or more weeks in a 13-week period
Employees continue to ‘accrue’ (build up) holiday in the usual way during lay-offs and short-time working.

Make sure to follow fair procedures to avoid claims of unfair dismissal.For free managers guides and templates – Termination Guide and template letter (Support section) 👉 – https://breathingspacehr.co.uk/how-to-hr/

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Other questions we get asked about 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.

How do we handle disciplinaries?

Start with a fair investigation. Consider suspension only if necessary. If there’s a case to answer, invite to a hearing with evidence, allow a companion, decide an appropriate outcome, and offer a right of appeal.

If an employee is sick during their notice period do I pay SSP or normal pay?

You pay normal pay if the employee is off sick and unable to work during their notice period.

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 […]

Can I record an absence for someone who has a disability?

Yes, you can record an absence for an employee with a disability, but it’s important to distinguish if the absence is disability-related. You must treat it fairly, ensure reasonable adjustments are considered, and avoid penalising the employee for disability-related absences. For free managers guides and templates – Supporting Disabilities support (Support section) 👉 – https://breathingspacehr.co.uk/how-to-hr/

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 […]

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