Preparing to Resign

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

What is resignation?

Handing in your resignation, either verbally or in writing, is a clear statement by you to your employer that youre going to leave your job. Threatening to leave, or saying youre looking for another job, isnt the same as formally resigning, but 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 didnt mean it, tell your employer quickly.

Before handing in your resignation, think carefully about why youre doing it and whether its the right thing to do. If youre leaving because of problems at work or a disagreement with your boss, could these problems be sorted out through your companys standard grievance procedure? Think about how youll 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 youre formally resigning. You can give your resignation verbally, unless your contract of employment says otherwise. However, its always a good idea to put it in writing, saying how much notice youre giving and 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 weeks notice if youve worked for your employer for a month or more. Your contract may demand longer.

Remember that:

• Your resignation cant be taken back, unless your contract allows it, or your employer agrees.
• Youll get your final pay on your normal pay day unless your contract says differently - you dont have the right to ask for it any earlier.
• As long as youve given notice in accordance with the terms of your contract, your employer must accept your resignation.

What if youre forced to resign against your will?

If you feel that you have to resign (e.g. because of dangerous working conditions or your bosss behaviour), you may be able to claim constructive dismissal.

If youre thinking about claiming constructive dismissal, you should raise the problem as a grievance before you resign. If you dont, 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.

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 havent taken

When you leave your job, you should get paid for any unused legal minimum holiday allowance (i.e. four weeks), although your contract may say that you lose untaken contractual holidays (i.e. anything over four weeks). If youve taken more leave than youve earned, your employer cant normally take the money from your final pay unless its 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 thats been taken from it so far in the tax year. Youll need a P45 form to give to your new employer.

What to do next

If youre thinking about leaving, think about the reasons why are they problems that could be sorted out? If you feel youre being forced out of your job, read up on constructive dismissal laws. However always try to leave on good terms as you never know what is round the corner and a good reference can prove invaluable later in life.