How do I resign from my job?
“That’s it! I’ve had enough! I quit!”
Do you have days when you feel like walking out of your workplace? To be honest, we probably all do from time to time. But, if you’re serious about resigning, you need to know the right way to do it.
Resigning is a big decision, and you don’t really want to have a gap between employment where you’re not earning anything.
This means you shouldn’t rush it. Make a list of the reasons why you want to leave. Sleep on it and talk to people around you to be sure you’re doing the right thing. Ideally, you want to leave on a positive note, without any animosity. That way, your employer is more likely to give you a good reference that will help you get a new job.
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Reasons for resigning
You might be resigning for happy or sad reasons. For example:
Have you found a new job?
Don’t resign from your current job until you’ve received the new job offer in writing. Things can change, and it would be risky to leave before you know the new job is definitely yours.
Are you leaving for health reasons?
If you can’t work effectively because of ill-health (whether that’s you or a family member), talk to your boss. You might be able to get medical leave. You might also be covered by company health insurance that you can claim on.
Is there a problem at work?
Rather than resigning, there might be another solution. For example, you could move to a different department, get some training, or arrange flexible working. Talk to your manager or HR Department to discuss the options, and read the section on constructive dismissal below.
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How to resign
It’s not a good idea to threaten to leave, or to tell your employer that you’re job-hunting. You might think it’s polite to give them the ‘heads up’, but they will probably treat you differently afterwards, you might change your mind, they might even assume it’s an official resignation and you’ll find you have to leave before you really wanted to.
When you’re ready, you ought to present your formal resignation in writing.
(You can resign verbally if your employment contract doesn’t include instructions on how to resign, or if you don’t have a contract. Either way, we recommend you resign in writing because that means there’s less chance of confusion.)
Your letter should state clearly:
- That you’re resigning
- The notice period you’re working
- The date you’re leaving
- The reason you’re leaving
You can request a written reference from your manager and colleagues. You can use these recommendations to help you find future work.
If you’re leaving for happy reasons, you might also take the chance to thank your employer for the opportunities, learning and experiences you’ve enjoyed while working for them.
Don’t do this if you’re leaving because of something bad that’s happened at work, say, you’ve been bullied or accused of poor performance. In that case, you might want to bring a claim against your employer for constructive dismissal (scroll down for more about this). Any kind words you write in your letter of resignation will not be consistent with a claim that the employment relationship has broken down. So don’t even end your letter with ‘Best wishes’ or ‘Kind regards’.
This letter will be kept in your employment file for future reference, so keep it professional.
Note that your HR Department might have an exit interview where they talk to you to find out more.
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Withdrawing your resignation
Once you’ve resigned, your employer has to accept it (as long as your resignation is clear and valid – that is, you’ve followed the procedure in the employment contract.)
You can’t usually withdraw your resignation unless your employer agrees.
If you resigned in a flash of anger, and withdraw it almost immediately, say, the next day, your employer should accept the withdrawal as they are supposed to allow you a reasonable period of time to calm down. If they don’t accept the withdrawal and insist that you leave, you could make a claim for unfair dismissal.
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Working your notice period
Your employment contract will show the notice period you’re supposed to give. It might be a week (that’s the legal minimum if you’ve worked there for a month), a month or more. Senior employers may have a notice period up to a year. If you’ve been working there for less than a month, no notice period applies.
This time period enables your employer to start looking for your replacement, and allows you to finish projects you’re working on, arrange a smooth handover, and say your goodbyes to your colleagues.
Sometimes you can arrange a shorter notice period, perhaps if your new job needs you to start earlier, or your reason for leaving is urgent. As with anything, you’re more likely to get what you want when you ask calmly and politely.
You’ll receive your normal pay and benefits during your notice period, including any time you are off sick.
You may be able to take booked or unused holiday that you’re entitled to – you’ll have to ask your employer. In fact, your employer might even ask you to take your unused holiday during the notice period. If so, they should give you advance warning that is double the holiday time, for example, they should tell you at least two weeks before they want you to take one week off.
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Leaving immediately
Be careful. If you choose to resign “with immediate effect”, and your employer accepts this, you won’t be paid for the notice period and you might be in breach of contract. If you do this and they suffer losses, your employer could even make a claim against you.
Depending on your job, your employer might want you to leave immediately. In this case, you won’t want to resign until you’re absolutely ready. Make sure you have saved enough money in advance so you can pay your bills while you look for a new job. On the day, gather your personal belongings so you can clear your desk quickly and be ready to leave the building.
They might put you on ‘gardening leave’, meaning you stay home but they pay you as if you were at work. You can’t start your new job because you’re technically still employed and available to work during this time.
They might offer Payment In Lieu Of Notice (PILON), meaning you don’t have to work your notice but they will pay you anyway.
Remember, your written contract will show what you should do and what your employer will do when you resign.
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After you’ve left
Take time to think about your career direction. Maybe take the advice of a business coach or mentor. Be clear about what you want to do next. You’ll have best chance of success when you have done your preparation.
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Constructive dismissal
If you feel you have to leave because of something that’s happened at work, it’s called constructive dismissal. You will have to prove that:
- Your employer has broken the contract of employment, for example:
- They failed to pay you
- They demoted you for no reason
- They changed the terms of your employment without consultation
- You suffered bullying or harassment from colleagues
- You were forced to work in dangerous conditions
- You haven’t accepted the breach of contract (staying at work might be seen as acceptance when you could have chosen to resign)
- You feel you had to leave because of what they did or didn’t do
First, you should try to resolve things informally by speaking to your manager, HR department or union representative.
If that doesn’t work, go through the company’s grievance procedure. You’ll find it detailed in the staff handbook.
Next, you might try mediation.
Ultimately, you can make a claim to the employment tribunal.
As employment lawyers who act for employees (not employers), we can help at any stage of the process.
Click HERE for information on how we can help you to resign
Related reading
If you found this information useful, you might also benefit from reading our other articles on the subject:
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