2025 UK Employment Law Changes

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HR & Employment FAQs

Expert answers to nearly 100 common HR and employment law questions — practical guidance for UK employers.

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Employment Contracts

What should be included in a UK employment contract?

A UK employment contract must include key terms such as job title, pay, hours, holiday entitlement, notice periods, and workplace location, provided from day one of employment.

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Employment Contracts

What is the difference between an employee and a contractor in the UK?

The key difference lies in the level of control, obligation, and integration. Employees work under a contract of service; contractors work under a contract for services with greater autonomy.

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Employment Contracts

Can an employer change the terms of an employment contract?

An employer cannot unilaterally change contract terms without the employee's agreement. Changes require consultation, a legitimate business reason, and proper process to avoid breach of contract claims.

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Employment Contracts

What are the minimum notice periods required by UK law?

UK statutory minimum notice is one week for each year of service, up to a maximum of 12 weeks. Employers must give at least one week's notice after one month of employment.

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Employment Contracts

How long can a probationary period last in the UK?

There is no legal maximum for probationary periods in the UK, but three to six months is standard. Employees retain full statutory rights from day one regardless of probation status.

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Employment Contracts

What is a zero-hours contract and what rights do workers have?

A zero-hours contract offers no guaranteed minimum hours. Workers still have rights including national minimum wage, holiday pay, and protection from discrimination, with new reforms expanding protections.

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Employment Contracts

Are non-compete clauses enforceable in UK employment contracts?

Non-compete clauses can be enforceable in the UK, but only if they protect a legitimate business interest and are reasonable in scope, duration, and geographic area.

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Employment Contracts

What is a statement of written particulars?

A statement of written particulars is a legal document listing the main terms of employment. Since April 2020, it must be provided on or before the employee's first day of work.

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Employment Contracts

Can an employee refuse to sign a new contract?

Yes, an employee can refuse to sign a new contract. The employer cannot force acceptance — they must consult, negotiate, and follow a lawful process if agreement cannot be reached.

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Employment Contracts

What happens if an employer doesn't provide a written contract?

Failing to provide a written statement of particulars is a legal breach. Employees can bring a tribunal claim, and courts may award two to four weeks' additional pay on top of any other claim.

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Dismissal & Disciplinary

What constitutes unfair dismissal in the UK?

Unfair dismissal occurs when an employer terminates employment without a fair reason or without following a fair procedure. Employees with two years' service can bring a claim to an employment tribunal.

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Dismissal & Disciplinary

What is the correct disciplinary procedure for UK employers?

The correct procedure follows the ACAS Code of Practice: investigate, inform the employee in writing, hold a formal meeting with the right to be accompanied, decide on action, and offer an appeal.

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Dismissal & Disciplinary

Can an employer dismiss someone without a warning?

Dismissal without prior warnings is only justified for gross misconduct. In all other cases, employers should follow a progressive disciplinary process with warnings before dismissal.

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Dismissal & Disciplinary

What is gross misconduct and what are examples?

Gross misconduct is behaviour so serious it fundamentally breaches the employment contract, justifying summary dismissal. Examples include theft, fraud, violence, serious insubordination, and drug or alcohol abuse at work.

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Dismissal & Disciplinary

How long does an employee need to work before claiming unfair dismissal?

Currently, employees need two years' continuous service to claim ordinary unfair dismissal. The Employment Rights Bill will reduce this to day one, with a statutory probation period of up to nine months.

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Dismissal & Disciplinary

What is constructive dismissal?

Constructive dismissal occurs when an employee resigns because the employer's conduct has fundamentally breached the contract of employment, leaving the employee with no choice but to leave.

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Dismissal & Disciplinary

Can an employee appeal a disciplinary decision?

Yes. The right to appeal is a fundamental part of the disciplinary process under the ACAS Code of Practice. The appeal should be heard by someone more senior who was not involved in the original decision.

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Dismissal & Disciplinary

What is wrongful dismissal vs unfair dismissal?

Wrongful dismissal is a breach of contract claim (usually about notice pay). Unfair dismissal is a statutory claim about whether the reason and procedure were fair. Both can apply to the same dismissal.

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Dismissal & Disciplinary

How should employers conduct a disciplinary investigation?

A disciplinary investigation should be thorough, impartial, and timely. Gather evidence, interview witnesses, review documents, and keep detailed written records before deciding whether a formal hearing is needed.

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Dismissal & Disciplinary

What are the ACAS Code of Practice requirements?

The ACAS Code of Practice sets out the minimum standards for handling disciplinary and grievance procedures. Failure to follow it can result in a 25% uplift to tribunal compensation awards.

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Redundancy

What is the correct redundancy process in the UK?

The correct process includes establishing a genuine redundancy situation, consulting with affected employees, applying fair selection criteria, considering alternative roles, and providing statutory notice and redundancy pay.

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Redundancy

How is redundancy pay calculated?

Statutory redundancy pay is based on age, length of service, and weekly pay (capped). You get half a week's pay per year under 22, one week's pay per year aged 22-40, and 1.5 weeks' pay per year aged 41+.

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Redundancy

What is the consultation period for redundancy?

There is no set minimum for individual consultation. For collective redundancies of 20-99 employees, consultation must begin at least 30 days before dismissals. For 100+, it's 45 days.

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Redundancy

Can an employer make someone redundant and then hire someone else?

Hiring for the same or very similar role shortly after a redundancy strongly suggests the redundancy was not genuine, which could lead to an unfair dismissal claim.

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Redundancy

What is collective redundancy consultation?

Collective redundancy consultation is required when 20 or more employees are proposed for redundancy at one establishment within 90 days. It involves consulting employee representatives and notifying the government.

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Redundancy

How should employers select employees for redundancy?

Selection must be based on objective, fair, and measurable criteria applied consistently across a reasonable pool. Common criteria include skills, performance, attendance, and disciplinary record.

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Redundancy

What rights do employees have during redundancy?

Employees facing redundancy have rights to consultation, statutory redundancy pay (after 2 years' service), proper notice, time off to find new work, and the right not to be unfairly selected.

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Redundancy

Can an employee refuse redundancy?

An employee cannot refuse a genuine redundancy dismissal. However, they can challenge the fairness of the process, refuse an alternative role (which may affect their redundancy pay), or negotiate a settlement.

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Redundancy

What is a suitable alternative employment offer?

A suitable alternative is a role offered to a redundant employee that is broadly comparable in terms of pay, status, hours, and location. Unreasonably refusing it can forfeit the employee's redundancy pay.

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Redundancy

Do employers have to offer redeployment before redundancy?

Yes. Employers must make reasonable efforts to find alternative roles for redundant employees. Failure to do so is a common reason redundancy dismissals are found to be unfair.

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TUPE Transfers

What is TUPE and when does it apply?

TUPE (Transfer of Undertakings Protection of Employment) protects employees when a business or service transfers to a new employer. Their terms and conditions transfer automatically.

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TUPE Transfers

What are the employer's obligations under TUPE?

Both outgoing and incoming employers must inform and consult affected employees, share employee liability information, and ensure terms and conditions transfer correctly.

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TUPE Transfers

Can terms and conditions be changed after a TUPE transfer?

Changes to terms and conditions are void if the sole or principal reason is the transfer itself. Changes are only permitted for an ETO reason entailing changes in the workforce, or for reasons unconnected to the transfer.

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TUPE Transfers

What is a service provision change under TUPE?

A service provision change occurs when a service is outsourced, re-tendered to a new contractor, or brought back in-house, and an organised grouping of employees is principally assigned to that service.

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TUPE Transfers

What information must be shared during a TUPE transfer?

The outgoing employer must provide employee liability information to the new employer at least 28 days before the transfer, including contract details, disciplinary records, and any pending claims.

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TUPE Transfers

Can employees be made redundant during a TUPE transfer?

Dismissals connected to a TUPE transfer are automatically unfair unless there is an economic, technical, or organisational (ETO) reason entailing changes in the workforce.

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TUPE Transfers

What are ETO reasons under TUPE?

ETO stands for economic, technical, or organisational reasons entailing changes in the workforce. An ETO reason can justify dismissals or contract changes that would otherwise be void under TUPE.

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TUPE Transfers

What happens to employee benefits during a TUPE transfer?

Most employee benefits transfer to the new employer, including contractual benefits like bonuses, company cars, and private healthcare. Occupational pension rights have special rules with minimum protections.

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Employee Rights & Leave

What is the statutory holiday entitlement in the UK?

UK workers are entitled to 5.6 weeks' paid holiday per year (28 days for full-time workers). This can include bank holidays and is pro-rated for part-time workers.

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Employee Rights & Leave

How does statutory sick pay work?

Statutory Sick Pay (SSP) is paid by the employer for up to 28 weeks to eligible employees who are off sick for 4 or more consecutive days. The rate is set by the government and updated annually.

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Employee Rights & Leave

What are the rules for maternity leave and pay?

Eligible employees can take up to 52 weeks' maternity leave. Statutory Maternity Pay is paid for 39 weeks — 90% of average earnings for 6 weeks, then the flat rate for 33 weeks.

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Employee Rights & Leave

What paternity leave are fathers entitled to?

Eligible employees can take up to 2 weeks' paternity leave paid at the statutory flat rate. Leave must be taken within 56 days of birth and requires 26 weeks' continuous service.

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Employee Rights & Leave

Can employees request flexible working from day one?

Yes. Since April 2024, all employees have the right to request flexible working from their first day of employment. Employers must deal with requests reasonably and respond within two months.

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Employee Rights & Leave

What is shared parental leave?

Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay between them after the birth or adoption of a child.

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Employee Rights & Leave

How much notice must an employee give to take holiday?

The statutory default is notice equal to twice the length of the holiday requested (e.g., 2 days' notice for 1 day off). However, employers can set their own reasonable notice requirements in the contract.

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Employee Rights & Leave

What are an employee's rights during pregnancy?

Pregnant employees have day-one rights including paid time off for antenatal appointments, protection from unfair dismissal and discrimination, and the right to a risk assessment of their working conditions.

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Employee Rights & Leave

Can an employer refuse a flexible working request?

Yes, but only on one of the eight statutory grounds. Employers must consult the employee before refusing and respond within two months. The refusal must be genuinely justified.

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Employee Rights & Leave

What is the right to disconnect?

The right to disconnect means employees should not be expected to engage with work communications outside their contracted hours. While not yet enshrined in UK law, it is part of proposed reforms.

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Employee Rights & Leave

How does bereavement leave work in the UK?

Parental bereavement leave gives employees 2 weeks' statutory leave following the death of a child under 18. There is no general statutory bereavement leave for other family members, though many employers offer it.

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Employee Rights & Leave

What is time off for dependants?

All employees have a day-one right to take reasonable unpaid time off to deal with emergencies involving a dependant, such as illness, injury, death, or unexpected childcare disruption.

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Discrimination & Equality

What are the protected characteristics under the Equality Act 2010?

The Equality Act 2010 protects nine characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, and sexual orientation.

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Discrimination & Equality

What is direct vs indirect discrimination?

Direct discrimination means treating someone less favourably because of a protected characteristic. Indirect discrimination applies a neutral policy that disadvantages a particular group.

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Discrimination & Equality

How should employers handle a discrimination complaint?

Employers should take the complaint seriously, follow their grievance procedure in line with the ACAS Code, investigate thoroughly and impartially, take appropriate action, and offer a right of appeal.

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Discrimination & Equality

What is harassment in the workplace?

Workplace harassment is unwanted conduct related to a protected characteristic that violates someone's dignity or creates a hostile environment. Employers are vicariously liable unless they took all reasonable steps to prevent it.

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Discrimination & Equality

What is victimisation under employment law?

Victimisation occurs when an employer treats someone badly because they made a discrimination complaint or did something connected with the Equality Act. No qualifying service period is needed to claim.

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Discrimination & Equality

Can employers ask about disabilities during recruitment?

Generally, employers must not ask about health or disability before making a job offer. Limited exceptions include asking about adjustments for the recruitment process and assessing intrinsic job functions.

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Discrimination & Equality

What are reasonable adjustments for disabled employees?

Reasonable adjustments are changes employers must make to remove disadvantages for disabled employees — such as flexible hours, specialist equipment, physical alterations, or modified duties.

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Discrimination & Equality

What is equal pay and how is it enforced?

Equal pay means men and women doing equal work must receive equal pay and benefits. Employers can defend differences with material factors. Claims can recover up to six years' back pay.

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Discrimination & Equality

Can an employer have a dress code without being discriminatory?

Employers can have a dress code, but it must apply fairly without discriminating against protected characteristics. Consider religious, cultural, disability, and gender needs.

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Discrimination & Equality

What is positive action vs positive discrimination?

Positive action (encouraging under-represented groups) is lawful. Positive discrimination (choosing someone because of a characteristic regardless of merit) is unlawful. The tiebreaker provision allows limited positive action between equally qualified candidates.

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Health & Safety

What are an employer's health and safety responsibilities?

Employers must provide a safe workplace, carry out risk assessments, provide training, have a written H&S policy (5+ employees), display the HSE poster, and hold employers' liability insurance.

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Health & Safety

How often should risk assessments be carried out?

There's no fixed legal frequency, but risk assessments must be kept up to date. Review them annually as a minimum, and immediately after any significant change, incident, or new legislation.

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Health & Safety

What is RIDDOR and when must incidents be reported?

RIDDOR requires employers to report certain workplace incidents to the HSE — including deaths, specified injuries, over-7-day incapacitation, occupational diseases, and dangerous occurrences.

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Health & Safety

What are the DSE regulations for office workers?

DSE regulations require employers to assess workstations, reduce risks, provide training, offer eye tests, and ensure regular breaks for employees who use screens daily for an hour or more.

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Health & Safety

How many first aiders does a workplace need?

The number depends on risk level and employee count. Low-risk offices need one first aider per 50 workers; higher-risk workplaces need one per 50. Cover must be provided during all working hours.

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Health & Safety

What are the rules for workplace temperature?

There's no legal maximum or minimum, but HSE guidance suggests at least 16°C for offices and 13°C for physical work. Employers must maintain a 'reasonable' temperature and manage extreme heat or cold.

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Health & Safety

What is the employer's duty regarding mental health at work?

Employers must protect employee mental health under HASAWA, conduct stress risk assessments, make reasonable adjustments for mental health disabilities, and follow the HSE's six stress management standards.

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Health & Safety

What are the fire safety requirements for businesses?

Businesses need a fire risk assessment, detection/alarm systems, extinguishers, clear escape routes, emergency lighting, fire safety signs, staff training, and regular drills under the Fire Safety Order 2005.

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Health & Safety

Can an employee refuse to work in unsafe conditions?

Yes — employees can refuse to work in conditions they reasonably believe pose serious and imminent danger. Dismissal for this is automatically unfair with no qualifying service period.

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Health & Safety

What is a health and safety policy and who needs one?

A health and safety policy sets out your commitment, responsibilities, and arrangements for managing H&S. Employers with 5+ employees must have one in writing. It should be reviewed annually.

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Pay & Benefits

What is the current National Minimum Wage and Living Wage?

The National Living Wage is £11.44/hr for workers 21+. Lower rates apply for 18-20 (£8.60), 16-17 (£6.40), and apprentices (£6.40). Rates change annually on 1 April.

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Pay & Benefits

Can an employer make deductions from an employee's wages?

Deductions are only lawful if required by statute (tax, NI), authorised in the contract, or the employee has given prior written consent. Deductions must not reduce pay below the National Minimum Wage.

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Pay & Benefits

What are the auto-enrolment pension requirements?

All employers must auto-enrol eligible workers (aged 22-SPa, earning 10k+) into a workplace pension. Minimum contributions are 8% total — 3% employer, 5% employee — on qualifying earnings.

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Pay & Benefits

How should employers calculate holiday pay?

Holiday pay must reflect normal remuneration including regular overtime, commission, and bonuses. For irregular hours workers, use 12.07% accrual or rolled-up holiday pay. Use a 52-week reference period for variable pay.

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Pay & Benefits

Is overtime pay mandatory in the UK?

No — UK law doesn't require overtime pay. Overtime rates are set by the employment contract. However, average pay including overtime hours must not fall below the National Minimum Wage.

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Pay & Benefits

What happens to pay during a suspension?

Employees should normally receive full pay during suspension. Suspension without pay is only lawful with a clear contractual right. ACAS recommends paid suspension should be as brief as possible.

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Pay & Benefits

What is the statutory redundancy pay rate?

Statutory redundancy pay is based on age, service (max 20 years), and weekly pay (capped at £643). Half a week per year under 22, one week 22-40, 1.5 weeks 41+. Maximum payout is £19,290.

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Pay & Benefits

Can an employer reduce an employee's salary?

No — employers cannot unilaterally cut pay. Reductions require mutual agreement, a contractual flexibility clause, or as a last resort, dismissal and re-engagement following the new Code of Practice.

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Pay & Benefits

What are the rules for paying employees in lieu of notice?

PILON lets employers pay a lump sum instead of requiring worked notice. Contractual PILONs are lawful; non-contractual ones are technically a breach. Since 2018, basic pay PILONs are always taxable.

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Pay & Benefits

How does statutory maternity pay work?

SMP is paid for 39 weeks — 90% of earnings for 6 weeks, then £184.03/week or 90% (whichever is lower) for 33 weeks. Employers reclaim 92-103% from HMRC.

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HR Outsourcing

What is HR outsourcing and how does it work?

HR outsourcing means partnering with an external provider to handle your HR functions. You get a dedicated CIPD-qualified consultant, 24/7 advice, and expert support — typically at a fraction of in-house costs.

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HR Outsourcing

How much does outsourced HR cost for small businesses?

Outsourced HR typically costs £5-£50 per employee per month depending on the level of support. For a 20-person business, expect £200-£400/month — far less than an in-house HR manager.

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HR Outsourcing

What are the benefits of outsourcing HR?

Key benefits include cost savings, expert CIPD-qualified knowledge, legal compliance, scalability, risk reduction, 24/7 support, and objective handling of sensitive HR issues.

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HR Outsourcing

How do you choose the right HR outsourcing provider?

Look for CIPD-qualified consultants, a dedicated (not call centre) service model, transparent pricing, tribunal representation, legal expenses insurance, and strong client testimonials.

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HR Outsourcing

What's the difference between HR outsourcing and an in-house HR team?

Outsourced HR gives you senior expertise, 24/7 support, and scalability at a fraction of in-house cost. In-house offers deeper daily presence. Many SMEs find outsourcing more cost-effective.

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HR Outsourcing

Can outsourced HR handle employment tribunals?

Yes — good providers offer prevention, ACAS conciliation support, tribunal preparation, and representation. Many include legal expenses insurance covering legal costs and awards.

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HR Outsourcing

What size business benefits most from HR outsourcing?

The sweet spot is 10-50 employees — complex enough to need expert HR but too small for a full-time senior hire. However, businesses of all sizes benefit, from startups to 250+ employee firms.

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HR Outsourcing

How quickly can an outsourced HR service be set up?

Most providers take a few days to two weeks. At Infinity HR, your dedicated consultant is in place within 48 hours. Same-day support is available for urgent situations.

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Workplace Policies

What policies should every UK employer have?

Essential policies include health and safety, disciplinary/grievance, data protection, equal opportunities, anti-harassment, sickness absence, family leave, flexible working, and whistleblowing.

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Workplace Policies

How do you write an employee handbook?

An employee handbook should cover employment basics, pay, leave, conduct, disciplinary/grievance procedures, equality, H&S, IT/data protection, and leaving procedures. Use plain English and review annually.

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Workplace Policies

What should a social media policy include?

A social media policy should cover scope, acceptable use at work, personal use guidelines (reputation, confidentiality, harassment), data protection obligations, consequences for breaches, and monitoring.

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Workplace Policies

What are the rules for monitoring employees at work?

Employers can monitor employees but must have a lawful basis, be transparent, act proportionately, conduct a DPIA, and tell employees what's monitored and why. Covert monitoring is only for exceptional cases.

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Workplace Policies

What is a grievance policy and why is it important?

A grievance policy is a structured procedure for employees to raise complaints. It's vital for ACAS Code compliance, legal protection, early resolution, and can affect tribunal awards by up to 25%.

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Workplace Policies

What should a remote working policy cover?

A remote working policy should cover eligibility, working hours, communication expectations, equipment/expenses, health and safety (DSE), data security, and performance management.

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Workplace Policies

How should employers handle data protection for employees?

Employers must comply with UK GDPR — providing privacy notices, using lawful bases for processing, protecting special category data, responding to SARs within a month, and implementing data retention schedules.

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Workplace Policies

What is a whistleblowing policy?

A whistleblowing policy enables employees to report wrongdoing safely. It's underpinned by PIDA, which makes dismissal for whistleblowing automatically unfair with uncapped compensation.

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Workplace Policies

How often should workplace policies be reviewed?

Review all policies at least annually, and immediately after legislative changes, incidents, business changes, or regulatory inspections. Employment law changes 20+ times per year.

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Workplace Policies

What is an equal opportunities policy?

An equal opportunities policy commits your organisation to fairness and non-discrimination. It's a key defence against vicarious liability, covers all nine protected characteristics, and is often required for tenders.

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HR Outsourcing

How much do your HR services cost?

Our pricing is transparent and based on the size of your business and the level of support you need. We offer fixed monthly fees with no hidden costs, starting from as little as a few pounds per employee per month. Contact us for a free, no-obligation quote tailored to your business.

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HR Outsourcing

Do you offer 24/7 support?

Yes. Our expert advice line is available 24 hours a day, 7 days a week, 365 days a year. Whether it's an urgent disciplinary matter at 7am or an employee issue late on a Friday, we're here to help.

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Dismissal & Disciplinary

Can you help with employment tribunal cases?

Absolutely. Our employment law specialists can represent your business at tribunal, handle all documentation and preparation, and work to achieve the best possible outcome. We also provide proactive advice to help you avoid tribunals in the first place.

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HR Outsourcing

What industries do you work with?

We support businesses across all sectors including construction, healthcare, retail, hospitality, technology, manufacturing, and professional services. Our consultants have specialist knowledge across multiple industries.

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HR Outsourcing

How quickly can you get started?

We can typically have your dedicated HR consultant in place within 48 hours of signing up. During your free consultation, we'll assess your immediate needs and create a tailored plan to get you protected as quickly as possible.

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HR Outsourcing

Do I get a dedicated consultant or a call centre?

Every client gets a dedicated, named CIPD-qualified HR consultant who learns your business inside out. You'll have their direct phone number and email — no call centres, no being passed around.

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HR Outsourcing

What's included in the free consultation?

Our free consultation is a no-obligation review of your current HR setup. We'll identify any compliance gaps, discuss your challenges, and recommend solutions. There's no hard sell — just honest, expert advice on how to better protect your business.

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