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Wednesday, 3 October 2023

Employment

Resigning from a job

You can always choose to leave your job by resigning. Find out about the things you should think about before resigning, what to do when you resign and your rights and obligations to your employer.

Handing in your resignation

If you hand in your resignation, either verbally or in writing, is a clear statement by you to your employer that you are going to leave your job.

Threatening to leave, or saying you are looking for another job, isn't the same as formally resigning. Saying 'I quit!' in the heat of an argument with your employer may be taken as a proper resignation so be cautious in what you say. If you do resign in the heat of the moment but didn't mean it, tell your employer quickly.

Before handing in your resignation, think carefully about why you are doing it and whether it's the right thing to do.

If you are leaving because of problems at work or a disagreement with your boss, could these problems be sorted out through your company's grievance procedure? Think about how you will manage without your wages, and how easy it will be to find another job.

How to resign from your job

You should make it clear to your employer that you are formally resigning. You can give your resignation verbally, unless your contract of employment says otherwise. However, it's always a good idea to put it in writing, saying:

  • how much notice you are giving
  • what your last day will be

If you want to explain your reasons for resigning, putting it in writing will make it easier to organise your thoughts.

Give your employer the right amount of notice. By law, you must give one week's notice if you have worked for your employer for a month or more. Your contract may demand longer.

Remember that:

  • your resignation can't be taken back, unless your contract allows it, or your employer agrees
  • you will get your final pay on your normal pay day unless your contract says differently - you don't have the right to ask for it any earlier
  • as long as you have given notice in accordance with the terms of your contract, your employer must accept your resignation

What if you are forced to resign against your will?

If you feel that you have to resign (eg because of dangerous working conditions or your employer's behaviour), you may be able to claim constructive dismissal.

If you are thinking about claiming constructive dismissal, you should raise the problem as a grievance before you resign. If you don't, an Employment Tribunal can refuse to hear your constructive dismissal claim or reduce the amount of compensation you receive.

Be careful, though, because constructive dismissal is not always easy to prove.

Your benefits if you resign

If you have voluntarily quit without good reason, your Jobcentre Plus can delay your Jobseeker's Allowance. If you are claiming constructive dismissal, make sure they know. If you can't claim Jobseeker's Allowance, you may still be able to claim a hardship payment, which is a reduced amount of Jobseeker's Allowance.

Pension schemes

If you have a personal pension plan, you can take it with you if you change jobs. If you were paying into a company scheme, you should be able to get a statement of the current value of your pension fund. You may be able to transfer this to another scheme, or into a personal pension plan.

Being paid for holidays you haven't taken

When you leave your job, you should get paid for any unused legal minimum holiday allowance, although your contract may say that you lose untaken contractual holidays. If you have taken more leave than you have earned, your employer can't normally take the money from your final pay unless it's been agreed beforehand.

Getting your P45

When you stop working for an employer, they will normally give you a P45 form. This is a record of your pay and the tax that's been taken from it so far in the tax year. You will need a P45 form to give to your new employer.

What to do next

If you are thinking about leaving, think about the reasons why – are they problems that could be sorted out? If you feel you are being forced out of your job, read the article on constructive dismissal.

Check your contract or company handbook to find out how much notice you have to give, and whether it must be in writing.

Where to get help

For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.

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