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This is general guidance, not a substitute for advice on your specific situation, every workplace issue has its own details that change the right course of action. Dealing with one of these right now? Book a free 20-minute call.
Not legally, no. But without one, every decision you make about lateness, holiday, conduct or working hours gets made up on the spot, and that is where inconsistency creeps in.
A handbook does not need to be fifty pages. It needs to cover the things that actually come up: hours, holiday, sickness reporting, conduct expectations and how disciplinary and grievance processes work. Once it exists, you can point to it instead of having the same conversation from scratch every time.
A written statement of employment particulars, which by law must be given on or before their first day. This covers pay, hours, holiday entitlement, notice periods and where they work.
You also need employers' liability insurance, to register as an employer with HMRC, and a way of processing payroll. None of this is optional once someone is officially on the books.
Start with a conversation, not a warning. Most performance issues are about unclear expectations, not unwillingness. Set out specifically what needs to improve, by when, and what support you will give them to get there.
If things do not improve, that is when a formal process, such as a performance improvement plan, comes in. Document each conversation as you go.
Probation exists so both sides can check the role is the right fit. A fair process means clear objectives from day one, a check-in partway through, and a proper review meeting before the end date, not a decision made on the final day with no warning.
If someone is not working out, tell them early. Waiting until the last week of probation to raise concerns for the first time is not fair, even if it is legally simpler than dismissing someone with longer service.
Investigate first. Gather the facts before deciding anything, including speaking to witnesses and reviewing any evidence. Only once you have a clear picture should you invite the employee to a formal disciplinary meeting in writing, setting out what is being alleged.
The employee has the right to be accompanied at that meeting, and to a fair hearing before any outcome is decided. The Acas Code of Practice sets out the steps, and tribunals expect you to have followed it.
Yes, capability is one of the fair reasons for dismissal recognised in UK law. But you need to show you gave the employee a genuine chance to improve first, with clear standards, support and a reasonable amount of time.
Jumping straight to dismissal without that process, even where performance genuinely is poor, is where employers run into trouble.
Take it seriously and acknowledge it promptly, even if you think it is minor. Investigate the concerns properly, hold a formal meeting to discuss them, and give the employee a written outcome.
They have the right to appeal if they are unhappy with the outcome. Ignoring a grievance or handling it informally when it clearly needed a formal process is one of the fastest ways to end up with a much bigger problem.
There is no fixed number of days that automatically allows dismissal. What matters is whether you have followed a fair process, including getting occupational health input where relevant, having return-to-work conversations, and considering reasonable adjustments.
Long-term absence needs to be handled very differently from short-term, frequent absence, and both need to be handled differently again if the underlying issue could be a disability.
Yes, and it is usually the right step before any disciplinary action for capability issues. A good PIP sets specific, measurable objectives, a realistic timeframe, and clearly states what support the business will provide.
It should be a genuine opportunity to improve, not a formality on the way to a decision that has already been made.
Yes, arguably more than a larger business does. With five people, one bad process around a dismissal or grievance can do disproportionate damage, both financially and to team morale.
You do not need the depth of policy a 200-person company has. You need the handful that actually get used: disciplinary and grievance, absence, and basic conduct expectations.
Nobody expects a business owner to also be a qualified HR professional. Book a free call and let's work out what you actually need, no obligation, just a clear next step.
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