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The questions business owners ask most, answered.
Straight, plain-English answers to the employee situations owners deal with every day, from an FCIPD specialist. General guidance to point you in the right direction, with a clear next step for your own situation.
Discipline & conduct
Can I dismiss an employee?
In most cases yes, but only for a fair reason and by following a fair process. The reasons the law accepts are conduct, …
Read the answer →Do I have to follow the ACAS Code of Practice?
The ACAS Code isn't legally binding, but tribunals take it very seriously. It's the standard your disciplinary and griev…
Read the answer →Do I need to investigate before starting a disciplinary?
In almost all cases, yes. You need to get the facts straight before you take any formal action or hold a hearing. The on…
Read the answer →Can I dismiss someone with less than two years' service?
For now, yes, you've got more room. An ordinary unfair dismissal claim usually needs two years' service. But that's chan…
Read the answer →How many warnings do I need before I can dismiss someone?
There's no fixed number, and the old 'you always need three warnings' line is a myth. What matters is that the process i…
Read the answer →Can I dismiss someone for gross misconduct without notice?
Yes. Gross misconduct can justify dismissal with no notice and no pay in lieu, which is called summary dismissal. But 'w…
Read the answer →Can I suspend an employee while I investigate?
Sometimes, but don't reach for it as a reflex. Suspension isn't a neutral pause button. It's a serious step, so only use…
Read the answer →Grievances
An employee has raised a grievance. What should I do?
Treat it as a formal process from the moment it lands, even if your gut says to explain why they've got it wrong. Acknow…
Read the answer →Can the manager a grievance is about also hear it?
No. The person the grievance is about shouldn't investigate or hear it. You need someone independent and impartial, whic…
Read the answer →An employee has raised a grievance during a disciplinary. What now?
Happens all the time, and it's often a real concern and a tactic at once. You've got a choice. Pause the disciplinary an…
Read the answer →Do I have to investigate an anonymous complaint?
Usually yes, at least enough to decide if there's something real to answer. You can't just bin it because there's no nam…
Read the answer →Sickness & absence
Can I dismiss an employee who is off sick?
Yes, but only on capability grounds, after a fair process, and with the disability question handled carefully. That mean…
Read the answer →How do I manage long-term sickness absence?
Keep in regular, supportive contact and get a proper medical view, usually through an occupational health referral, befo…
Read the answer →Do I have to pay statutory sick pay from day one now?
Yes. Since April 2026 the old three waiting days have gone, so statutory sick pay starts on the first day off sick. The …
Read the answer →An employee keeps taking odd days off sick. What can I do?
You can deal with this, and you should, because odd days off left alone drag the whole team down. Start with a return-to…
Read the answer →Can I make an employee see occupational health?
You can ask, and it's usually the right move, but you can't force someone to go. A referral to occupational health or th…
Read the answer →Performance
My employee will not improve their performance. What can I do?
Move from informal chats to a proper process. Put in writing what good looks like and exactly where they're falling shor…
Read the answer →Do I have to put someone on a performance plan before dismissing them?
No law says you have to use something called a performance improvement plan. But you are expected to show that, before d…
Read the answer →Can I performance manage someone who is off with stress?
You can, but go carefully and get the timing right. A performance concern doesn't vanish because someone's gone off sick…
Read the answer →Redundancy & exits
How much redundancy pay do I have to give?
Employees with two or more years' service get statutory redundancy pay, worked out from their age, length of service (up…
Read the answer →What is a settlement agreement?
A settlement agreement is a legally binding contract where the employee agrees to leave on agreed terms and give up spec…
Read the answer →Do I have to consult before making redundancies?
Yes. Consultation isn't a nice-to-have, it's part of what makes a redundancy fair. Even for one role, you're expected to…
Read the answer →Can I make someone redundant and then replace them?
Careful here. A genuine redundancy means the role has gone, or the need for that work has dropped. Make someone redundan…
Read the answer →Can I just pay someone to leave?
Often yes, and it can be the cleanest, kindest and cheapest way out of something that's going nowhere. The usual route i…
Read the answer →Probation
Can I let someone go during their probation?
Usually yes, and more easily than later on, but probation isn't a blank cheque. You still need a fair reason and a fair,…
Read the answer →Can I extend someone's probation period?
Usually yes, as long as the contract allows it and you extend before the original period runs out, not after. An extensi…
Read the answer →Pay & leave
Can I refuse an employee's annual leave request?
Yes. You can turn down a specific holiday request, as long as you're not stopping someone taking their statutory minimum…
Read the answer →Do I have to accept a flexible working request?
No, but you do have to handle it properly. Flexible working is now a day-one right. People can make two requests in any …
Read the answer →Can I make an employee take holiday on certain days?
Yes. You can tell staff to take annual leave on set dates, say over a Christmas shutdown or a quiet week, as long as you…
Read the answer →Managing people
There's tension in my team but nothing formal. What should I do?
Deal with it early, while it's still just atmosphere. Most workplace conflict doesn't start with an incident. It starts …
Read the answer →How do I handle a difficult conversation I've been avoiding?
Have it sooner than feels comfortable. The longer a conversation about performance, attitude or behaviour is put off, th…
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