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

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.

Disciplinaries and grievances feel constant. How do we reduce them?

Invest in manager training, set clear expectations, keep documentation tidy, and resolve issues informally where appropriate. Consistency and early intervention prevent escalation.

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 […]

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/

What is considered workplace harassment?

Workplace harassment is any unwanted conduct related to a protected characteristic (e.g., age, race, sex, disability, religion) that creates an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment can include verbal, physical, or non-verbal behaviour and can involve bullying, inappropriate jokes, or discriminatory comments (For a free Managers Guide , go to How To HR […]

When is a formal investigation needed and what should it cover?

Use one wherever facts are unclear or allegations are serious. Gather evidence, interview relevant parties, keep notes, and assess credibility before deciding next steps.

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