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Follow the most fair and lawful methods when it comes to lay-offs

Find out why businesses and employers across the UK have trusted Peninsula for over 40 years. Let us cut down costs by managing your HR and Health & Safety. Have confidence knowing you're on the right side of the law – only with Peninsula.

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Stay on the right side of the law with our HR support services

Sometimes, you might not have enough work to give out.

Laying off workers can help keep your business going during hard times. But there are legal rules when it comes to temporarily letting employees go - for one week or just a few days.

If you don't manage your lay-off process, it could lead to unfair dismissal claims, compensation penalties, and business damages.

Unlimited HR advice from the UK's leading HR experts

Lay-offs and short-time working terms are mostly found under the Employment Rights Act 1996 (ERA). In legal practice, they're collectively known as 'LOST'.

An employer can only legally enforce lay-off or short-time working if they have a contractual right. Meaning, this express right must be included in an employee's contract.

Lay-offs are usually found under 'shortage of work' contract clauses. So, employees will already have it. If a contract clause doesn’t exist, employees may agree to lay-offs is expressed, as it’s a better option than redundancy.

Sometimes, an employer might be faced with having to lay-off staff because of unexpected business impacts. That's why it's always beneficial to add an express contractual right to all employee contracts - and that's why we take care of everything when you work with our HR experts.

Don't risk an unlawful lay-off process

If an employer doesn't follow a fair and legal lay-off process, it could end with huge legal consequences.

Some lay-off processes treat employees unfairly compared to others; i.e., being selected unfairly). All employees are protected from discrimination relating to nine protected characteristics:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and/or civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Along with financial penalties, an employer could face losing talented staff for good. Not to mention, the reputational damage and lost productivity that comes with employment tribunal processes.

Helping employers like you for 40 years

Tens of thousands of UK business owners reduce risk and worry with Peninsula support. Discover their stories below…

We’re reliant on donors and sponsorship, so we need to be careful with our budget. Peninsula helps us streamline processes and the ways we were doing things, which in turn, as a charity, saves us money because it saves time

Adam, CEO

Empower Youth Zones

  • 70 employees
  • Non-profit