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

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 […]

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.

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.

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/

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.

How do I correctly calculate holidays for leavers?

Holiday Entitlement – (pro rata) number of days worked/number of days in a year x Holiday Entitlement (Incl Bank Holidays) Subtract any holiday already taken. If the employee has taken more than accrued, deduct the overused days from their final pay. If they’ve accrued more leave than taken, pay for the remaining days. For free […]

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