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

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

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.

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Support

How do I correctly calculate holidays for leavers?

Holiday Entitlement  – (pro rata) number of days worked/number of days in a year x Holiday Entitlement (Incl Bank Holidays) Subtract any holiday already taken. If the employee has taken more than accrued, deduct the overused days from their final pay. If they’ve accrued more leave than taken, pay for the remaining days. For free […]

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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

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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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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