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

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 […]

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.

How do we handle disciplinaries?

Start with a fair investigation. Consider suspension only if necessary. If there’s a case to answer, invite to a hearing with evidence, allow a companion, decide an appropriate outcome, and offer a right of appeal.

An employee’s been absent for a while. What should we do?

Keep in touch sensitively, hold review meetings, seek medical/Occupational Health advice. Consider reasonable adjustments, and follow your absence/capability policy. Treat long-term sickness fairly and consistently.

If an employee is suspended pending investigation and they produce a fit note saying work related stress which process do I now follow?

You continue the suspension process, as a fit note for work-related stress does not override the suspension. However, you should acknowledge the fit note, offer support, and manage the investigation sensitively.

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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