FAQs

How do I legally lay off an employee?

  1. Check the employment contract for a layoff clause.
  2. Provide written notice explaining the reason for the layoff.
  3. Offer statutory guarantee pay if eligible.
  4. Consult with the employee and explore alternatives (e.g., reduced hours).
  5. 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
  6. 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

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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.

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Support

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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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

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/

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Support

How can I stay on top of compliance issues?

To manage compliance effectively: Hire Breathing Space to keep you on track OR failing that!Stay Informed: Regularly review industry regulations and legal updates. Train Your Team: Provide compliance training for employees and managers. Document Policies: Maintain clear policies and update them as needed. Conduct Regular Audits: Identify and address risks proactively. Seek Legal Expertise: Consult legal professionals for guidance. Use Compliance Tools: Leverage software to track deadlines and requirements.

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Support

How much notice do I need to give a leaver?

The statutory notice period in the UK depends on how long an employee has worked for their employer: 1 month to 2 years: At least one week’s notice 2 to 12 years: One week’s notice for each year of service, up to a maximum of 12 weeks 12 years or more: 12 weeks’ notice Contractual […]

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