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

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 […]

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.

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.

What is the process for filing a workplace grievance?

Review the Policy: Check your company’s grievance procedure, usually in the employee handbook. Informal Discussion: Try to resolve the issue informally by speaking to your manager or HR. Formal Complaint: If unresolved, submit a formal grievance in writing, detailing the issue and any attempts to resolve it. Investigation: HR or a designated person will investigate […]

What is the reason we calculate part-time employees’ holiday entitlement in hours rather than days?

Part-time employees’ holiday entitlement is calculated in hours rather than days to ensure fairness and accuracy, as their working hours may vary. This method accounts for their specific work patterns, making it easier to calculate their pro-rata holiday entitlement based on the actual hours they work compared to full-time employees. For free managers guides and […]

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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