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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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.

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How can we manage payroll complexities, especially for global or remote teams?

Use a reliable payroll system, understand local tax and employment laws, and standardise processes across locations. Where needed, work with local experts or providers to ensure compliance, accuracy, and timely payments.

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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.

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Support

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 […]

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Support

What if someone is absent without explanation (AWOL)?

Make repeated contact attempts, document everything, and invite them to a meeting. If no valid reason emerges, manage under your disciplinary policy.

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