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.

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/

An employee’s been absent for a while. What should we do?

Keep in touch sensitively, hold review meetings, seek medical/Occupational Health advice. Consider reasonable adjustments, and follow your absence/capability policy. Treat long-term sickness fairly and consistently.

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.

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 […]

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/

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From holiday calculations and maternity leave to redundancy and grievance management

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