Employment Law Helpline

In the UK, an employee dismissal must be both substantively fair (you have a valid reason) and procedurally fair (you follow the correct process). This is guided by the ACAS Code of Practice.

A compliant process typically includes:

• A reasonable investigation
• Written notification of the issue
• A formal hearing
• The right to be accompanied by a colleague or Trade Union Representative
• A written outcome and right of appeal

Where employers go wrong: rushing the process, skipping investigation, or relying on informal conversations instead of documented steps.

These mistakes are a common trigger for unfair dismissal claims — even where the underlying reason was valid. Where there is any uncertainty, taking advice before acting can significantly reduce risk.

Employees may be entitled to Statutory Sick Pay (SSP) if they meet eligibility requirements (which have changed from 6 April 2026). Including earning above the threshold and being absent for at least four consecutive days. SSP is payable for up to 28 weeks at a statutory rate.

Employers can request:

• Self-certification for the first 7 days
• A fit note from a GP after that

Where issues arise: inconsistent application of sick leave policies, or treating absence differently across employees, which can lead to discrimination or unfair treatment claims.

Clear policies and consistent handling are key — particularly for long-term or repeat absences.

Holiday pay and sick pay are specially protected under UK law. Employees are entitled to statutory holiday pay during annual leave, while sick leave is covered by SSP or contractual sick pay.

However:

• Employees continue to accrue holiday while on sick leave
• They may request to take holiday during sickness
• Holiday pay must reflect normal remuneration, including regular overtime and commission where applicable (so employees are not financially worse off when they take holiday).

Where employers go wrong: underpaying holiday by excluding variable earnings, which is a frequent source of backdated claims.

Getting the calculation right is essential, particularly for businesses with variable pay structures.

Grievances should be handled in line with a formal procedure aligned with ACAS guidance.

A typical process includes:

• Acknowledging the grievance in writing
• Conducting a fair and impartial investigation
• Holding a grievance meeting
• Providing a written outcome
• Offering a right of appeal

Where this breaks down: when grievances are dismissed informally, delayed, or handled by someone without independence.

Poor handling often escalates issues into formal disputes or constructive dismissal claims.

Employers must provide a written statement of employment particulars from day one. This should include all the information required by law, for example:

• Role, pay, hours, and benefits
• Notice periods and termination terms
• Confidentiality and intellectual property clauses
• Post-termination restrictions (where appropriate)
• Disciplinary and grievance procedures

Where businesses expose themselves: using generic templates that don’t reflect how the business actually operates.

Contracts are most valuable when they align with real working practices and are easy to understand.

If you are facing redundancy, your employer must follow a fair process, including warning of the risk, consultation and objective selection criteria.

You may be entitled to:

• Statutory redundancy pay (if employed for 2+ years)
• Notice pay
• Accrued holiday pay

Warning signs of an unfair process:

• No meaningful consultation
• Pre-determined decisions
• Lack of alternative role consideration

If the process appears flawed, you may have grounds to challenge the redundancy as an unfair dismissal.

Employees are entitled to up to 52 weeks of maternity leave, with up to 39 weeks of statutory maternity pay (SMP) if eligible.

Key protections include:

• Protection from dismissal or detriment due to pregnancy
• The right to return to the same or a suitable role
• Continued accrual of employment rights during leave

Where employers get into difficulty: failing to manage communication, role changes, or return-to-work arrangements correctly — which can quickly lead to discrimination claims.

Eligible employees can take up to two weeks of paternity leave, with statutory pay at a fixed rate or 90% of earnings (whichever is lower).

Eligibility depends on:

• Length of service – there is no service requirement from 6 April 2026. 
• Employment status
• Notice requirements

Common issues: incorrect eligibility assessments or inconsistent application of policies across employees.

Clear documentation and policy alignment are important to avoid disputes.

Employee disputes should be addressed early through structured internal processes. This usually involves:

• Identifying the root issue
• Following grievance or disciplinary procedures
• Keeping clear records of all actions

Where disputes escalate: when communication breaks down or when one party feels the process is biased or predetermined.

Early intervention and structured handling often prevent disputes from becoming formal legal claims.

Employers must follow a fair disciplinary process in line with the ACAS Code.

This includes:

• Investigating the issue
• Providing written allegations
• Holding a disciplinary hearing
• Allowing the employee to be accompanied by a colleague or Trade Union rep
• Providing a written outcome and appeal

Where employers get caught out: treating disciplinaries as informal conversations rather than formal legal processes.

Even minor procedural failures can increase tribunal awards.

Sexual harassment is unlawful under the Equality Act 2010. Employers have a duty to take all reasonable steps to prevent it.

This includes:

• Having clear policies
• Providing training
• Acting promptly on complaints

Critical risk point: failing to act quickly or attempting to handle matters informally without investigation.

These situations require careful, documented handling to protect both employees and the business.

Discrimination is prohibited under the Equality Act 2010 and includes direct, indirect, harassment, and victimisation claims.

Employers should:

• Investigate complaints thoroughly
• Act consistently and fairly
• Maintain clear documentation
• Have regular equalities training

Where exposure increases: when decisions appear inconsistent or unsupported by evidence.

Addressing issues early and properly is key to reducing legal and reputational risk.