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

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.

How do we tackle outdated and inefficient HR systems that slow down processes?

Assess Current Systems Identify what’s not working—look for delays, errors, or frequent employee complaints. Gather User Feedback Ask HR staff and employees what features they need or what slows them down most. Research Modern Solutions Explore up-to-date HR platforms integrating payroll, performance, leave, and recruitment (e.g. myHRIS). Plan a Phased Upgrade Prioritise key pain points […]

What are the legal requirements for redundancy pay?

Statutory redundancy pay if employees have at least 2 years of continuous service. The amount paid depends on age, years of service, and weekly salary (up to a cap). The formula is: half a week’s pay for each full year you were under 22 one week’s pay for each full year you were 22 or […]

What is the law on maternity/paternity leave?

maternity leave is 52 weeks (26 weeks ordinary and 26 weeks additional), with statutory maternity pay (SMP) for up to 39 weeks. Paternity leave is 1 or 2 weeks, with statutory paternity pay (SPP) for up to 2 weeks. Both are subject to eligibility criteria.

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 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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