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

How do we tackle outdated and inefficient HR systems that slow down processes?

Assess Current Systems Identify what’s not working—look for delays, errors, or frequent employee complaints. Gather User Feedback Ask HR staff and employees what features they need or what slows them down most. Research Modern Solutions Explore up-to-date HR platforms integrating payroll, performance, leave, and recruitment (e.g. myHRIS). Plan a Phased Upgrade Prioritise key pain points […]

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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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What documents should we keep during grievances/disciplinaries?

Investigatory notes, statements, letters/invitations, evidence considered, outcome letters, and appeal records. Store securely and only as long as necessary.

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Support

If an employee is sick during their notice period do I pay SSP or normal pay?

You pay normal pay if the employee is off sick and unable to work during their notice period.

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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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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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