We speak to people all the time who have listened to common HR myths from their friends, family or mates down the pub! Please never rely on someone else’s advice only seek advice from a qualified HR professional.
Here are just a few of the many we hear on a regular basis. Do not get caught out! If in doubt seek advice!
Myth 1: I can dismiss someone during their probation period without following any process
Fact: A probation period doesn't remove the need to act fairly. Employees still have statutory rights from day one, and it's good practice to follow a fair process and always keep records of performance discussions.
Myth 2: An employee needs two year's service before they have any employment rights
Fact:. Basic protections now apply from Day One, major protections like unfair dismissal require continuous service, which is a minimum of six months for anyone in employment from 1 st July 2026 to qualify on 1 st January 2027 not two years.
Myth 3: Zero-hours workers have no employment rights.
Fact: Workers on zero-hours contracts are still entitled to many legal protections, including paid holiday, the National Minimum Wage and protection from unlawful discrimination.
Myth 4: A verbal agreement isn't legally binding
Fact: Verbal agreements can be legally enforceable, although written contracts make expectations much clearer and help avoid disputes.
Myth 5: If an employee resigns, they don't have to work their notice
Fact: Employees are generally expected to work their contractual or statutory notice period unless both parties agree otherwise.
Myth 6: I can change an employee's contract whenever I want.
Fact: Most contractual changes require consultation and agreement. Imposing changes without following the correct process can create legal risks.
Myth 7: Holiday entitlement includes bank holidays
Fact: There is no automatic legal right to paid bank holidays. Whether they're included depends on the employment contract.
Myth 8:If someone is off sick, I can't contact them
Fact: Reasonable, supportive communication during sickness absence is appropriate and often encouraged. Staying in touch can help with planning a
successful return to work.
Myth 9: Employment tribunals claims need to be made within 3 months
Fact: Time limits for making a claim to an employment tribunal will increase to 6 months. The current time limit for most claims is 3 months. This will change in October 2026.
Myth 10: Small businesses don't need HR policies
Fact: Clear policies and procedures help businesses stay compliant, reduce misunderstandings and manage issues consistently, regardless of the size of the
organisation.
Many employment law myths stem from outdated advice or assumptions. Taking the time to understand your legal responsibilities and seeking professional HR advice can help you avoid costly mistakes and build a fair, compliant workplace. Contact us if you need help and support.
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