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We’ve got you covered with our HR frequently asked questions (FAQs) for business owners! Have a question not answered here? Just get in touch with us here.
What are the differences between “without prejudice” and “protected conversations”?
Both “without prejudice” and “protected conversations” regulate the admissibility of documents and discussions, usually before a settlement agreement, in future legal proceedings. But there are differences in the application and use of “without prejudice” and “protected conversations” and the case law is separate. It can be expensive for the employer if it gets it wrong.
“Without prejudice” is a common law principle – it is derived from case law. It prevents
statements, whether written or oral, from being put before an employment tribunal or court as evidence in legal proceedings. It can apply to any type of claim – for example, unfair dismissal, unlawful discrimination, unlawful deduction of wages and breach of contract. But there are the following conditions:
– It must relate to an existing dispute – this usually means that the employee is considering bringing a claim.
– Both parties must make a genuine attempt to resolve that dispute. There must be no
“unambiguous impropriety” in the conduct of the parties during the settlement discussions, such impropriety might include blackmail, fraud, threats, physical intimidation or assault.
“Protected conversations” are a statutory scheme under s.111A of the Employment Rights Act. They permit discussions between an employer and employee with a view to terminate employment on agreed terms to remain confidential and inadmissible in proceedings for unfair dismissal before an employment tribunal. There are certain differences from the “without prejudice” rule.
- The protection only applies to unfair dismissal. It does not apply to any other claims such as discrimination or whistleblowing. There is no need for an existing dispute – the offer to the employee can come, therefore, “out of the blue”.
- Protection will be lost where there is improper behaviour – such as pressure for the
employee to resign, harassment or bullying. - The principle does not apply in Northern Ireland.
What are T Levels and do they include a work placement?
T Levels, first launched in 2020, are technical qualifications in England for students aged 16–19 who have finished their GCSEs. They are an alternative to A Levels and apprenticeships and include an industry placement alongside classroom learning.
T Levels are equivalent to three A Levels and are carried out over a two-year programme of study. Skills areas range from digital and healthcare to construction, business and education and more.
An industry placement is at the heart of each T Level; placements last a minimum of 315 hours (approximately 45 days in day release or blocks) with an average of 350 hours (750 hours is the minimum for the early years educator specialism and 600 hours for dental nursing).
Placements don’t have to take place over two years; they can start later in year one or take place entirely in year two.
If the employer can’t offer the full hours, the placement could be shared with another employer (although a placement cannot be shared between more than two employers).
Employers work with a local college or school to plan the placement.
What are the first laws to change now that the Employment Rights Act 2025 has become law?
The Employment Rights Bill gained Royal Assent on 18 December 2025, becoming the Employment Rights Act 2025. Unless there is any announcement to the contrary, it is expected that the Government’s Implementing the Employment Rights Bill: Our Roadmap for Delivering Change, released in summer 2025, will still stand. This sets out the schedule for implementation of all of the law changes.
Only one legal change has come into play immediately on Royal Assent and this only affects key public sector services such as health services, education, fire and rescue, border security and transport. The rules on minimum service levels during a strike no longer apply from the date the Bill received Royal Assent. In reality, this will have little impact because the rules were never fully utilised.
Within two months of Royal Assent, the administration rules around industrial action will change. Then, from April 2026, all employees, regardless of their earnings level, will be entitled to receive Statutory Sick Pay (SSP), paid from their first day of absence rather than the fourth day. Employees will also be entitled to paternity leave and parental leave from day one of employment. A new Fair Work Agency will be formed to enforce laws on minimum wage, SSP, etc and the maximum compensation for failure to consult employees during a large redundancy exercise will double to 180 days’ pay.
Further new laws will be implemented in October 2026 and during 2027, including the reduction in the unfair dismissal qualifying service from two years to six months, which will be implemented on 1 January 2027.
I’ve read that the Government has plans to introduce new digital IDs for all UK citizens and legal residents. Will this affect how we carry out right to work checks?
In September 2025, the Government announced a plan to introduce a requirement for all workers to be able to produce a digital ID to demonstrate their right to work in the UK. The scheme is intended to combat illegal working. The Prime Minister confirmed that digital IDs will be mandatory as a means of proving the right to work, meaning that anyone who is unable to produce their digital ID will not be permitted to take up work.
Employers are already under a legal obligation to carry out checks on prospective employees to establish their right to work in the UK and this can be done in several ways. Although there are other ways that the right to work can be demonstrated, usually the process will involve checking a person’s passport or undertaking an online check using a share code provided by the person. Under the plans, digital IDs will be available on people’s smartphones, though it has been confirmed that the Government will ensure that the system works for those who don’t have access to one.
Although full details of the requirements are not yet available and are not likely to be for some time, it is anticipated that employers will be required to record that they have checked a prospective employee’s digital ID to show that they have complied with their legal obligation. The new scheme is intended to be in place by the end of this Parliament, which is 2029. Failure to comply with the existing requirement to carry out right to work checks can result in a fine of at least £45,000.
As part of our commitment to employee wellbeing, we are looking to implement more measures targeted at mental health. What measures can we put in place to do this?
Employee mental health can be improved through strategic organisation wide approaches that include training managers on identifying mental health issues and ways to support employees who are struggling with them. This can be done by implementing Employee Assistance Programmes, conducting mental health awareness initiatives, making reasonable workplace adjustments and promoting positive mental wellbeing through supportive policies and practices.
The most effective approach to helping with employee mental health is to combine prevention strategies with support for those experiencing mental health difficulties. A comprehensive approach should involve employers identifying stress sources and implementing solutions rather than relying solely on individual-level interventions. Remember, those sources can be external to the workplace as well as coming from within it and can include workload but also interactions with colleagues, especially where they
involve bullying, harassment or discrimination.
Signposting to relevant resources is an important part of this and one that managers can be responsible for. By talking to employees who they think might be struggling, managers can, if appropriate to do so, direct employees towards, e.g. an EAP or a mental health charity to support employees who are struggling with their mental health and ensure they get help from trained professionals.
As British and Irish nationals have an unlimited right to work in the UK, do I still need to carry out right to work checks for them or can I skip that step?
You must complete right to work checks on all those you intend to employ, regardless of their nationality. Not only does this avoid the risk of discrimination, as failing to do so would put those of other nationalities under an additional burden and detriment, but also to protect the organisation against enforcement action for illegal working should it turn out that the person claiming British or Irish nationality did not in fact have it.
Employing an illegal worker can leave you open to fines. Fines are set at up to £45,000 per illegal worker for the first offence and up to £60,000 per illegal worker for repeated offences.
Right to work checks can be completed by physically meeting with the employee to check, copy and verify their original documentation (e.g. passport or birth certificate). Employees must provide the original document; a scan or copy cannot be accepted.
Alternatively, employers can engage with a government-certified Identity Service Provider (IDSP) who can complete a digital check of the employee’s documentation on behalf of the employer, using specialist Identification Document Verification Technology (IDVT). Or get in touch with us because we can manage your digital checks.
What is considered a “reasonable” investigation before dismissing an employee?
Under the Acas Code of Practice on Disciplinary and Grievance Procedures, along with the accompanying guidance, different individuals should ideally manage each stage of a disciplinary process. This means one person should carry out the investigation, another should lead the formal disciplinary hearing, and a third – ideally more senior – should handle any appeal.
This approach helps to maintain fairness and impartiality. If the same person is involved in multiple stages, particularly both the investigation and the hearing, there’s a risk they may have already formed an opinion, which could unfairly influence the outcome.
A recent case, Kedracki v Kingsway LIF Holdings Ltd [2025], showed how failing to use different people at each stage can lead to a finding of unfair dismissal – even if the outcome wouldn’t have changed.
That said, in smaller businesses, it’s recognised that having multiple people involved may not always be possible. In these cases, it’s important to follow a fair and transparent process as closely as you can and seek advice if needed.
Can menopause be classed as a disability?
The menopause isn’t automatically classed as a disability, but it can be if the symptoms are long-term and have a substantial impact on day-to-day life, as defined by the Equality Act 2010.
Recent tribunal cases confirmed that menopause symptoms can meet this threshold. For employers, this means you may have a legal duty to make reasonable adjustments – for example, flexible working, uniform changes or temporary performance support.
Menopause can also link to sex and age discrimination, so it’s essential to handle these situations sensitively and fairly.
Having a clear menopause policy and training managers to handle conversations confidently can help your business stay compliant and support employee wellbeing.
What are your responsibilities as an employer during a heatwave?
When the temperature rises, so do your legal and moral responsibilities. While there’s no maximum working temperature in UK law, employers must ensure working conditions are reasonable and safe.
Here are five simple ways to keep your team safe and productive during hot weather:
1.Ventilation matters – Keep air flowing with fans, open windows, or air conditioning
2.Flexible working – Adjust hours to avoid peak heat
3.Provide water – Cold, clean drinking water should always be accessible
4.Dress code – Where appropriate, relax the rules
5.Too hot to handle – Consider early finishes or alternative working options if it’s genuinely uncomfortable
Looking after your people = better wellbeing, fewer complaints, and a more productive team. Win-win!
Can the same person carry out different stages of a disciplinary process?
Under the Acas Code of Practice on Disciplinary and Grievance Procedures, along with the accompanying guidance, different individuals should ideally manage each stage of a disciplinary process. This means one person should carry out the investigation, another should lead the formal disciplinary hearing, and a third – ideally more senior – should handle any appeal.
This approach helps to maintain fairness and impartiality. If the same person is involved in multiple stages, particularly both the investigation and the hearing, there’s a risk they may have already formed an opinion, which could unfairly influence the outcome.
A recent case, Kedracki v Kingsway LIF Holdings Ltd [2025], showed how failing to use different people at each stage can lead to a finding of unfair dismissal – even if the outcome wouldn’t have changed.
That said, in smaller businesses, it’s recognised that having multiple people involved may not always be possible. In these cases, it’s important to follow a fair and transparent process as closely as you can – and seek advice if needed.
What is the difference between the National Minimum Wage, the National Living Wage and the Real Living Wage?
The National Minimum Wage (NMW) and the National Living Wage (NLW) are the minimum rates of hourly pay employers in the UK must pay to their employees.
Since 1 April 2024, the NLW is paid to those aged 21 and over. The age bands are as follows:
21+ (NLW)
18–20-year-olds (NMW)
16–17-year-olds (NMW) apprentices under 19, or over 19 and in the first year of the apprenticeship.
Employers who fail to pay the NMW or NLW face the risk of significant fines, inclusion on the Government’s “naming and shaming” list of employers in breach of NMW laws and having to make up the shortfall in wages at a potentially increased rate.
In contrast, the Real Living Wage is a voluntary rate that employers pledge to pay. This voluntary rate is set by the Living Wage Foundation and is intended to reflect the real cost of living. There are two rates of the Real Living Wage, one for those living and working within London and another for the rest of the UK. As a voluntary rate, enforcement of any failure to pay this would be via a tribunal for an unlawful deduction of wages claim or other breach of contract claim.
Should we relax our dress code rules and allow tattoos?
Your stance on covering up tattoos is your decision, though you
should be able to explain to staff why you would like them to be
covered up.
Your stance is likely to be informed by the type of organisation you
are and the work involved, so you may choose to ask employees to
cover up tattoos if you wish to portray a particular kind of
professional environment.
It could be that different rules are appropriate for client facing and
non-client facing staff in your organisation. As long as these rules are
applied consistently, then this should not be an issue.
Remember, allowing self-expression at work can help to create good
relations with staff and help them feel valued by their employer.
Some employers are taking this approach, e.g. in May 2022, Virgin
Atlantic removed its ban on visible tattoos on uniformed staff to
recognise “the uniqueness of its people and customers”.
Who can take neonatal care leave?
From 6 April 2025, qualifying employees will be entitled to take neonatal care leave from day one of employment.
Neonatal care leave is intended for parents of newborn babies who are receiving neonatal care which starts within the first 28 days of their life, counting from the day after they were born and for a minimum of seven continuous days. It will operate to work around existing leave entitlements. In some cases, fathers, or mother’s partners, will be able to take neonatal care leave even though they did not qualify to take paternity leave in relation to the baby.
According to the neonatal care leave regulations, leave can be taken
by:
- the child’s parent, an intended parent of the child, or the partner
of the child’s mother at the date of birth - in cases of adoption, the child’s adopter, prospective adopter, or
the partner of either at the date the child is placed - an overseas adopter, or the partner of an overseas adopter at the
date the child enters Great Britain
“Intended parents” are those who intend to receive a baby that has been carried by a surrogate mother. Neonatal care leave will come into force for babies born or after 6 April 2025.
I do not want my employees watching sport, or anything else that might distract them from their work. Is there a way to restrict access to specific sites?
As long as the sites are not needed for work purposes, there is no
reason why this cannot be done.
The most straightforward way to do this is to caution employees that
should they be found to be accessing such sites during their working
hours, then they may be subject to disciplinary action as a result.
If you choose to go down this route, it is wise to include this in an
internet usage policy and to warn employees that it is happening to
avoid them spending time trying to access these sites.
If your internet usage policy also allows you to monitor which sites
they access on work equipment, a gentle reminder of this would also
be appropriate.
If you need further support or guidance in implementing or reviewing
your policies, get in touch – we’re here to help!
How can I support employees who may be participating in Ramadan?
Support employees during Ramadan by offering flexibility and understanding:
- Schedule meetings outside of iftar time.
- Where operationally possible adjust work schedules to accommodate fasting.
- Allow time for daily prayers.
- Provide suitable meal options or allow breaks for suhoor and iftar.
- Offer lighter tasks to manage energy levels.
- Respect fasting and allow time off for religious observances.
- Check in on employee needs and preferences.
Creating a supportive environment fosters inclusivity and boosts employee wellbeing.
What is the minimum notice period I need to provide employees during redundancy?
The minimum notice period depends on the employee’s length of service:
– Less than 2 years: 1 week
– 2-12 years: 1 week for every complete year of service
– 12+ years: 12 weeks
Consulting with a Haus of HR expert ensures compliance and helps you handle redundancies with care and fairness.
How do I ensure I’m compliant with UK employment law when hiring?
Key steps include:
– Conducting right-to-work checks.
– Providing a written employment contract prior to or on the start date.
– Adhering to the Equality Act 2010 to prevent discrimination.
The Haus of HR team can undertake a complimentary audit of your recruitment process to make sure it’s legally compliant and inclusive.
Can I dismiss an employee during their probation period without risk?
While probation periods allow for flexibility, the dismissal must still adhere to employment law. Avoid dismissing for discriminatory reasons, and ensure you provide fair notice (usually outlined in their contract).
A Haus of HR expert can offer tailored advice to protect your business and maintain professionalism.
What should I do if I suspect an employee is misusing sick leave?
Handle this delicately by:
– Requesting a fit note if the absence exceeds 7 days.
– Conducting a return-to-work interview.
– Maintaining clear records of absences.
If misuse is confirmed, disciplinary action may be necessary. A Haus of HR expert can guide you through the process to ensure fairness and legal compliance.
What are the legal requirements for handling employee grievances?
Under UK employment law, employers must:
• Have a written grievance policy in place.
• Acknowledge and investigate the grievance promptly.
• Allow the employee to bring a companion to formal grievance meetings.
• Follow ACAS guidelines for fair resolution.
Handling grievances poorly can lead to legal disputes, so having expert HR support is crucial.
How do I manage an employee’s request for flexible working?
As of 2024, all employees in the UK have the right to request flexible working from day one of their employment. As an employer, you must:
• Accept the request unless there’s a genuine business reason not to
• Consult the employee before making a decision – unless you accept it in full
• Make a final decision, including any appeal, within 2 months
• Handle the request fairly and reasonably
Refusing a request unfairly could lead to discrimination claims. Need help managing flexible working requests? Our Haus of HR experts can guide you through the process to ensure compliance and fairness.
Do I need to provide written employment contracts?
Yes, under UK law, employers must provide a written statement of employment particulars by or on the employee’s first day of work. This should include:
- Job title and description.
- Working hours and location.
- Pay, benefits, and leave entitlement.
- Disciplinary and grievance procedures.
Our team can draft contracts tailored to your business to ensure full compliance.
How do I handle performance issues while staying legally compliant?
To manage underperformance fairly:
- Set clear expectations and provide regular feedback.
- Offer training or support to address gaps.
- Follow a formal process if performance doesn’t improve, including documented warnings and action plans.
A structured approach reduces the risk of unfair dismissal claims. Need help creating a robust performance management system? We’re here to assist.
Can I require employees to work overtime, and how should it be paid?
Overtime must be outlined in the employment contract. Key points include:
- Compulsory overtime: Must be reasonable and comply with the Working Time Regulations (maximum 48-hour work week unless opted out).
- Pay: Employees must receive at least the National Minimum Wage for all hours worked, including overtime.
Need help drafting or reviewing contracts to address overtime? Let us assist..
How do I handle workplace discrimination claims?
Under the Equality Act 2010, you must take all reasonable steps to prevent discrimination based on protected characteristics (e.g., age, gender, race, disability). If a claim arises:
- Investigate promptly and fairly.
- Offer support to those affected.
- Implement or reinforce anti-discrimination policies.
We can help you create inclusive workplace policies and resolve disputes professionally.