FAQs

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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Other questions we get asked about Support

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Do I have to permit an employee parental leave?

Yes, you must permit statutory parental leave if the employee meets the eligibility requirements. This includes maternity, paternity, and shared parental leave. For unpaid parental leave, employees with at least 1 year of service are also entitled to it, subject to notice requirements. For free managers guides and templates  –  Family Leave Guide (Support section)  […]

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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/

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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.

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Support

HR admin takes too much time. How can we streamline it?

Adopt an HRIS for leave, records, and documents; standardise templates; and automate onboarding/offboarding checklists and reminders.  Call Breathing Space as we provide Admin support!

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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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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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