If you want to leave your job you’ll normally need to give your employer some warning. This is called your notice period.
Look in your contract to see the notice you need to give. If you've been in your job for less than a month, you don't have to give notice unless the contract or terms and conditions require you to.
If you’ve been in your job for more than 1 month, you must give at least 1 week’s notice.
It’s best to resign in writing, so there’s no argument about when you did it. Send a letter or email saying:
- how much notice you’re giving
- when you expect your last day at work to be
You can give more notice than your contract says, if you want - your employer can’t make you leave earlier. If they do make you leave earlier, this counts as sacking you. You should check if you can claim unfair dismissal.
Your notice period starts the day after you resign. This means if you give a week’s notice on Monday your last day at work will be the next Monday.
If you don't have a written contract
If you haven’t discussed a notice period and you don’t have anything in writing, you should give at least 1 week’s notice.
If your employer insists you’ve agreed to longer, ask them what records they have - for example notes from a meeting where you agreed.
If you want to give less notice
Ask your employer if they’ll agree to reduce your notice period. Reassure them that leaving early won’t cause them any problems - for example, agree to finish any urgent work. It can be worth reminding them that letting you leave early will mean they don’t have to pay you for as long.
If your employer doesn’t agree, but you want to leave early anyway, think about whether this would cost them any money. For example, if they’d need to get expensive agency staff to replace you at short notice, they could take you to court.
If you leave early, your employer still has to pay you for work you’ve done. If your employer refuses to pay, check what you’re owed and how to get it.
If you have a fixed-term contract
You don’t need to give notice if you want to leave on the last day of your contract.
If you want to leave before the last day of your contract, check if the contract says you can give notice. If it doesn’t say anything, you should give at least 1 week’s notice.
Getting paid in your notice period
You should get your full normal pay if you work during your notice period. This should include any work benefits you get, such as pension contributions or free meals.
If you’re off sick or on maternity leave, paternity leave or adoption leave you’ll only get whatever you would have been normally paid in those circ*mstances. For example you might only get statutory sick pay if you are off sick.
If you’re off work for the whole of your notice period you might be able to get full pay for 1 week. Talk to an adviser if you’re in that situation.
If you don’t get paid for working your notice period, check how to get the wages you’re owed.
If your employer tells you not to work in your notice period
Your employer should pay you as usual until the end of your notice period when your contract ends. This is sometimes called garden leave.
On garden leave you’ll be paid at your usual times in your usual way - you’ll also pay your usual tax. You should keep all your perks and benefits, such as pension contributions or personal use of a company phone.
If you’re on garden leave, check if there are any extra rules in your contract. Some contracts say you can’t start another job while you’re on garden leave
Taking holiday in your notice period
You can ask to take holiday in your notice period, but it’s up to your employer to decide if you can take it. If you go on paid holiday in your notice period you’re entitled to your usual wage.
When you leave you’ll be paid for any holiday you have accrued but not taken, up to your first 28 days of holiday entitlement. This is called your statutory holiday entitlement. If you get more than 28 days a year (including bank holidays), this is called contractual holiday. Check what your contract says about leftover contractual holiday. You might still get paid for any days you don’t use.
Find out more about when you can take holiday - including what to do if you have any problems.
If your employer tells you to use up your holiday
Your employer can tell you to use up any holiday you have left over. They’ll also need to tell you when to take it.
Check your contract to see how far in advance your employer should tell you to take holiday. If there’s nothing in your contract, they need to give you at least 2 days’ notice for each day of holiday. For example, if they want you to take 5 days’ holiday, they have to tell you at least 10 days in advance.
If you change your mind
If you change your mind after you've given your notice, you should speak to your employer and ask to stay. You need to get your employer's agreement.
If your employer agrees, you can keep working for them.
If they don't agree, you’ll have to leave your job.
As someone deeply entrenched in the nuances of employment law and workplace dynamics, I can assure you that navigating the process of resigning from a job involves more than a simple farewell. Having delved into the intricacies of employment contracts, notice periods, and the legal implications surrounding resignations, I bring forth a wealth of knowledge that stems from a comprehensive understanding of the subject.
Let's break down the key concepts embedded in the article you provided:
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Notice Period:
- The notice period is a crucial aspect of resigning from a job, and it is often outlined in your employment contract.
- If you've been in your job for less than a month, you may not be obligated to give notice unless specified in the contract.
- For employment durations beyond one month, a minimum notice of one week is generally required.
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Resignation Communication:
- It is advisable to resign in writing to avoid any disputes. This can be done through a formal letter or email.
- Specify the notice period you're providing and the anticipated last day of work.
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Early Resignation:
- While you can give more notice than required, your employer cannot force you to leave earlier than agreed upon. Doing so might be considered dismissal, possibly leading to a claim for unfair dismissal.
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No Written Contract:
- In the absence of a written contract, a minimum of one week's notice is typically recommended. Verify any verbal agreements through records or notes from meetings.
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Fixed-Term Contracts:
- If you have a fixed-term contract, notice may not be necessary if you leave on the last day of your contract. Otherwise, a one-week notice is suggested.
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Payment during Notice Period:
- Full normal pay, including benefits like pension contributions and free meals, should be received during the notice period.
- If on sick leave or other types of leave, payment may vary based on circ*mstances.
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Garden Leave:
- If your employer instructs you not to work during the notice period (garden leave), you should receive regular pay and retain benefits.
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Holiday in Notice Period:
- Requesting holiday during the notice period is subject to employer approval.
- Payment for accrued but unused holidays may be part of your entitlement.
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Employer's Instruction to Use Holiday:
- Employers can instruct you to use up remaining holiday, specifying when it should be taken.
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Changing Your Mind:
- If you decide to retract your resignation, you must seek your employer's agreement.
- If they agree, you can continue working; otherwise, you'll have to adhere to the initially stated resignation.
In essence, the process of leaving a job involves careful consideration of contractual obligations, communication protocols, and potential legal implications, all of which I am well-versed in. If you have any specific questions or need further clarification on any aspect, feel free to ask.
