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

Support

HR admin takes too much time. How can we streamline it?

Adopt an HRIS for leave, records, and documents; standardise templates; and automate onboarding/offboarding checklists and reminders.  Call Breathing Space as we provide Admin support!

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Support

Do I have to permit an employee parental leave?

Yes, you must permit statutory parental leave if the employee meets the eligibility requirements. This includes maternity, paternity, and shared parental leave. For unpaid parental leave, employees with at least 1 year of service are also entitled to it, subject to notice requirements. For free managers guides and templates  –  Family Leave Guide (Support section)  […]

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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

What documents should we keep during grievances/disciplinaries?

Investigatory notes, statements, letters/invitations, evidence considered, outcome letters, and appeal records. Store securely and only as long as necessary.

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Engage

How can we manage resistance to change during mergers, acquisitions, or restructuring?

Communicate clearly and early, involve employees where possible, and support managers to lead through change. Consistency, transparency, and listening to concerns help build trust and reduce resistance.

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Support

How do I manage an unfair dismissal claim?

Follow Procedure: Ensure that the dismissal followed a fair process, including investigation, warnings, and opportunities for improvement. Document Everything: Keep detailed records of performance issues, warnings, and any meetings or communications. Provide Reasoning: Be clear about the reasons for dismissal, ensuring they are valid and consistent with company policies. Offer Appeal: Allow the employee to […]

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