Frequently Asked Questions.
Straightforward answers to common HR and employment-law questions, written as a practical starting point for business owners and managers.
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Managing Employees
Can I dismiss an employee during probation or if they have less than two years' service?
Yes - potentially.
Probation does not create a separate category of employee who can automatically be dismissed without consideration of the circumstances.
For dismissals taking effect before 1 January 2027, employees currently generally need two years' continuous service to bring an ordinary unfair-dismissal claim. However, discrimination, whistleblowing and a number of automatically unfair reasons do not depend on two years' service.
From 1 January 2027, the qualifying period for ordinary unfair dismissal reduces from two years to six months.
Before dismissing, check the reason, contractual notice requirements, whether any protected issue may be involved and whether the process is reasonable in the circumstances.
Can I take action over repeated short-term sickness absence?
Yes.
Repeated short-term absence can be managed through a fair and consistent absence-management process. Return-to-work discussions and absence reviews can help establish what is happening and whether there is an identifiable pattern.
Before formal action is taken, consider whether there may be an underlying health condition, disability, pregnancy-related absence or another issue requiring additional care or reasonable adjustments.
Can I eventually dismiss someone because of long-term sickness?
Yes - potentially, but dismissal should normally be a last resort.
Long-term ill health can eventually become a capability issue where an employee is no longer able to perform their role.
Before reaching that stage, an employer should normally consider the available medical information, likely return-to-work position, reasonable adjustments where disability is involved, changes to the role and any suitable alternatives.
The process and evidence leading to the decision are important.
Can I discipline an employee for misconduct?
Yes.
Employers are entitled to address misconduct. The allegation should normally be investigated, the employee should understand the concerns and evidence, and they should have an opportunity to respond before a decision is made. The outcome should be proportionate to the circumstances and consistent with your disciplinary procedure.
Can I dismiss someone immediately for gross misconduct?
Yes - in appropriate cases.
Gross misconduct can justify dismissal without notice or notice pay. However, the fact that an allegation sounds serious does not remove the need for a fair investigation and disciplinary process.
The decision should be based on the evidence available after the employee has had a proper opportunity to respond.
Changing Your Business
Can I reduce employees' hours or pay if the business needs to cut costs?
Yes - changes can be made, but they need to be handled properly.
Pay and contracted hours are normally contractual terms. Changes can often be agreed where there is a genuine business reason and employees understand why the proposal is being made.
Significant changes should normally be explained and consulted on rather than simply imposed. Once agreed, changes to main terms should be confirmed in writing.
Can I refuse an employee's flexible-working request?
Yes - where there is a genuine permitted business reason.
Employees have a statutory right to request flexible working, but that does not mean every requested arrangement has to be accepted.
Current rules require the employer to consider the request reasonably and consult the employee before refusing it, unless the request is accepted in full.
A refusal must rely on a permitted business reason, such as additional cost, inability to reorganise work, inability to recruit, detrimental impact on quality, performance or customer demand, insufficient work during the proposed periods, or planned structural changes.
Can I make someone redundant if I only employ a small team?
Yes.
Redundancy can arise in a business of any size where there is a genuine reduction or change in the requirement for particular work or roles.
Where fewer than 20 redundancies are proposed, statutory collective consultation rules generally do not apply. However, affected employees should still normally be individually informed and consulted before final decisions are made, and selection should be handled fairly where more than one employee is at risk.
Can I change an employee's role or responsibilities as the business develops?
Yes - businesses can evolve, and roles often evolve with them.
The key question is whether the proposed change falls within the existing role and contractual terms or amounts to a significant contractual change.
Where contractual terms need to change, the proposal should be clearly explained, consulted on and appropriately agreed and documented. Flexibility clauses should also be used reasonably rather than treated as unlimited authority to change terms.
Contracts & AI
Can my employees use ChatGPT and other AI tools at work?
Yes - AI can be a valuable workplace tool.
The important issue is setting appropriate boundaries around how it is used. Employees should understand which tools are approved, what information can be entered, when human review is required and who remains responsible for the final work.
Personal information, employee records, customer data, confidential commercial information and sensitive business material require particular care. Where AI is used to process personal data, data-protection requirements still apply.
View ICO AI and data-protection guidance ↗ opens in a new tab
Can I discipline an employee for misusing AI at work?
Yes - potentially.
If an employee disregards a reasonable workplace rule, mishandles confidential information, submits unchecked AI-generated work or uses an unapproved system, disciplinary action may be appropriate depending on the circumstances.
Your position will generally be clearer where acceptable-use rules have been communicated in advance, expectations are reasonable, the facts are investigated and the employee is given a fair opportunity to respond.
Can I use a standard employment-contract template?
Yes - a standard template can provide a useful starting point.
The important point is that the finished document accurately reflects the actual employment relationship.
Generic wording may not address working patterns, commission or bonus arrangements, benefits, confidentiality, restrictive covenants, remote working or other requirements specific to your organisation. Contracts should also remain aligned with how the role operates in practice.
Read the full guide: What HR Policies Does a UK Small Business Need? →
Guardian Forge Support
Can Guardian Forge review contracts and policies I already have?
Yes.
You do not need to start again simply because you already have HR documentation. We can review your existing contracts, policies and procedures, identify areas that may need updating and help adapt them to your current workforce and working practices.
How does Guardian Forge work with my business?
We work as an extension of your leadership team.
Rather than treating each question as an isolated issue, your named adviser builds an understanding of your organisation, managers and working practices. That context helps make the HR and employment-law support you receive more practical and relevant to your business.
Can I get HR support outside normal office hours?
Yes.
Guardian Forge provides clients with access to 24/7 HR and employment-law support for urgent workplace matters. This means you can seek practical guidance when an issue cannot reasonably wait until the next working day.
How much does Guardian Forge cost?
Pricing depends on your organisation's size, existing HR arrangements, level of support required and the services you choose.
We start with an initial review so we can understand what you actually need. We can then provide a clear proposal setting out the recommended scope of support and associated cost before you decide how to proceed.
Read the full guide: How Much Does HR Support Cost for a Small Business in the UK? →
Do I need HR support if I only employ 10 people?
There is no minimum headcount at which HR suddenly becomes necessary. Even a small team can face contracts, absence, performance, disciplinary, grievance, flexible-working and dismissal issues. For a growing business, outsourced HR can provide structure and practical support without the cost of building a full internal HR function.
Read the full guide: Does a Small Business Need HR? A Guide for UK Employers →
When should a small business consider outsourced HR support?
Common signs include managers spending too much time researching people issues, inconsistent contracts or policies, repeated employee-relations problems, rapid recruitment, organisational change, or uncertainty before important employment decisions. Outsourced HR can be particularly useful for businesses with 1-50 employees that need more structure but do not yet need a full internal HR team.
Read the full guide: Does a Small Business Need HR? A Guide for UK Employers →
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