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

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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 […]

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How can I stay on top of compliance issues?

To manage compliance effectively: Hire Breathing Space to keep you on track OR failing that!Stay Informed: Regularly review industry regulations and legal updates. Train Your Team: Provide compliance training for employees and managers. Document Policies: Maintain clear policies and update them as needed. Conduct Regular Audits: Identify and address risks proactively. Seek Legal Expertise: Consult legal professionals for guidance. Use Compliance Tools: Leverage software to track deadlines and requirements.

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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 […]

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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

How much notice do I need to give a leaver?

The statutory notice period in the UK depends on how long an employee has worked for their employer: 1 month to 2 years: At least one week’s notice 2 to 12 years: One week’s notice for each year of service, up to a maximum of 12 weeks 12 years or more: 12 weeks’ notice Contractual […]

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Disciplinaries and grievances feel constant. How do we reduce them?

Invest in manager training, set clear expectations, keep documentation tidy, and resolve issues informally where appropriate. Consistency and early intervention prevent escalation.

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