HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
There is no general statutory requirement for an employer to issue a separate resignation acceptance letter. However, confirming the resignation and resulting termination arrangements in writing is good HR practice and helps create a clear record of what has been agreed.
Notice period
The employer should check the employee's Contract of Employment to establish the applicable notice period. The contractual notice may be longer than the statutory minimum, but cannot normally provide less than the applicable statutory minimum.
Termination date
The employer should calculate the termination date carefully based on the date notice was given and the applicable notice period. The date should be clearly confirmed to the employee to avoid uncertainty about when employment ends.
Holiday entitlement
Holiday entitlement continues to accrue during the notice period. Where an employee leaves part way through a holiday year, the employer should calculate the holiday entitlement accrued and deal appropriately with any untaken holiday in accordance with the contract and applicable legislation. https://www.gov.uk/holiday-entitlement-rights
Final pay
Final pay should include salary and any other sums properly due under the employment contract and applicable legislation. This may include payment for accrued but untaken holiday, approved expenses or other contractual payments.
Resignation and withdrawal
An employee who has clearly resigned will generally be expected to serve their notice. If an employee subsequently attempts to withdraw their resignation, the employer should consider the circumstances and does not necessarily have to agree to the withdrawal.
Post-employment obligations
Where the employee remains subject to contractual obligations after employment ends, such as confidentiality or valid post-termination restrictions, these should be handled in accordance with the terms of the employee's contract.