How do I manage a resignation?

We’ve all been there, either as the employee who decides to leave for pastures new, or as the person on the receiving end of a resignation letter.   Depending on the circumstances, you may be delighted that the employee has decided to move on, it’s possibly saved you the job of having to have a difficult conversation around their performance or, the cost of having to make them redundant.   However, if the resignation is a bolt out of the blue then you may be left feeling deflated and disappointed, particularly if it’s from a valued employee in a key role. 

In this article we take a look at some frequently asked questions about resignations, and how you can regain some control of the situation. 

Should a resignation be in writing?

An employee doesn’t have to put a resignation in writing, but if an employee does resign verbally, it’s advisable to put your acceptance in writing.  This at least means you have a “paper trail” recording the reasons their employment ended.  

Do I have to accept a resignation?

If you receive a resignation from someone you don’t want to lose, then it’s worth having a chat before you formally accept their notice, to see if there is a possibility of them reconsidering.   But at the end of the day, if their mind is made up, then unfortunately there isn’t anything you can do.

Should I hold an exit interview?

It is best practice to hold an exit interview; it’s your opportunity to find out why they are leaving.  Staff are often honest and open at this point; they have nothing to lose and can provide valuable feedback and give you an insight into issues you may not be aware of.  

Does the employee have the right to work their notice period?

Not at all, if you believe the employee poses a risk by continuing to work then you can put them on garden leave or pay them in lieu, but you will need to check their contract of employment to make sure you are not breaching their terms and conditions.  

What are my rights if the employee doesn’t toe the line during their notice period?

An employee who has resigned is often disengaged, they’ve already mentally “clocked off” and in some instances may now be disruptive and causing problems.  In which case, as they are still employed you have every right to challenge them.  In most cases, unless their conduct amounts to gross misconduct it’s probably not worth pursuing disciplinary action.  

Our advice is to have a discussion and seek to agree an early release date.  If they don’t agree, then you may be able to pay them in lieu of the remainder of their notice or place them on garden leave (again, check the wording in their contract of employment.)

What happens when my employee doesn’t give adequate notice?

Subject to the terms of their contract, you may be able to recover any costs incurred, such as agency or subcontractor costs if you need to engage someone else to cover their notice period. 

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