FAQs

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 appeal the decision if they disagree.
Seek Legal Advice: Consult with an employment lawyer to understand your obligations and prepare for potential claims.
Settlement or Tribunal: Consider negotiating a settlement or preparing for an Employment Tribunal hearing if the claim proceeds.

Ensuring fairness and proper documentation is key to defending an unfair dismissal claim.

For free managers guides and templates – Disciplinary & Grievance Guide and support templates (Support section) 👉 – https://breathingspacehr.co.uk/how-to-hr/

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Other questions we get asked about 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/

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/

Do I have to give bank holidays to an employee who doesn’t work on a Monday?

Yes By law, part-time employees and workers are protected from being treated less favourably than a full-time ‘comparator’. The law is the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The bank holiday allowance should be pro rata (proportioned into hours worked) and added to their holiday allowance. For free managers guides and templates […]

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.

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 […]

What is the law on maternity/paternity leave?

maternity leave is 52 weeks (26 weeks ordinary and 26 weeks additional), with statutory maternity pay (SMP) for up to 39 weeks. Paternity leave is 1 or 2 weeks, with statutory paternity pay (SPP) for up to 2 weeks. Both are subject to eligibility criteria.

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