FAQs

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 notice: You must follow the contract specifying a longer notice period.

For free managers guides and templates  –  Termination Guide and template & resignation acceptance letter template (Support section)  👉 – https://breathingspacehr.co.uk/how-to-hr/

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Other questions we get asked about Support

Support

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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Support

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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Support

Does an employee have to get signed back to work if they have been signed off by a Dr?

No, an employee doesn’t need to be signed back to work by a doctor unless their employer specifically requires it, such as for health and safety reasons. Fitness to work should be discussed at the return to work meeting.

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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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Support

When is a formal investigation needed and what should it cover?

Use one wherever facts are unclear or allegations are serious. Gather evidence, interview relevant parties, keep notes, and assess credibility before deciding next steps.

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Support

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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