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

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.

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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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Support

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/

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Support

If an employee is suspended pending investigation and they produce a fit note saying work related stress which process do I now follow?

You continue the suspension process, as a fit note for work-related stress does not override the suspension. However, you should acknowledge the fit note, offer support, and manage the investigation sensitively.

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Support

How can I reduce the risk of lawsuits due to wrongful termination?

To minimise legal risks: Consult Experts – Seek HR advice when handling complex HR matters! Follow Employment Laws – Stay updated on labour laws and regulations. Document Everything – Keep detailed records of performance, complaints, and terminations. Train Managers & HR – Provide training on fair hiring, workplace conduct and payroll compliance. Use Clear Policies – Ensure policies on termination, discrimination, and wages are well documented and consistently applied. Conduct Regular Audits – Review payroll, contracts, and workplace practices to identify risks.

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Support

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 […]

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