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.
Resignation and employer response
An employer cannot reject an employee's resignation, but Acas recommends having an informal conversation where appropriate to avoid misunderstandings or disputes. Where an employee asks to withdraw a resignation, employers should give serious consideration to the request, particularly where the employee changed their mind very quickly or their state of mind was affected by another factor. https://www.acas.org.uk/resignation/responding-to-an-employees-resignation
Heat of the moment resignations
There is no simple rule that every resignation made during an emotional conversation is automatically invalid. The circumstances, the employee's words and conduct, and whether they genuinely intended to resign may all be relevant. Employers should therefore avoid making assumptions and should establish the employee's actual intention before finalising the position.
Opportunity to reconsider
Where there is genuine uncertainty about whether an employee intended to resign, allowing them a reasonable opportunity to reflect and confirm their decision is sensible and can help prevent unnecessary disputes. Acas specifically recommends being understanding and flexible where an employee asks to withdraw a resignation. https://www.acas.org.uk/resignation/responding-to-an-employees-resignation
Underlying workplace concerns
An employee who resigns during an emotional incident may be responding to an underlying workplace problem. Employers should consider whether the employee wishes to raise a grievance or discuss the issue informally before simply progressing the resignation.
Constructive dismissal
If an employee claims that they were effectively forced to resign because of serious employer conduct or a serious breach of contract, this may raise constructive dismissal issues. Employers should take particular care where a resignation follows allegations about bullying, harassment, discrimination, pay, contractual breaches or other serious workplace concerns. https://www.acas.org.uk/dismissals/constructive-dismissal
Disciplinary situations
If the resignation occurred during or immediately following a disciplinary matter, employers should avoid putting undue pressure on the employee to leave. Acas recommends talking through concerns and giving an employee the chance to change their decision to resign where they appear to want to leave during a disciplinary process. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-2-following-a-fair-procedure
Notice period
If the employee confirms that they genuinely intend to resign, the normal contractual and statutory notice arrangements should be established and confirmed. Employees generally need to provide the notice required by their contract, subject to the circumstances of the resignation. https://www.acas.org.uk/resignation/how-to-resign
Record keeping
Employers should keep an appropriate record of the circumstances, communications and the employee's eventual confirmation. A clear record can help demonstrate that the employer acted reasonably and gave the employee an opportunity to clarify their intentions.