Law guide: Workplace

See how we helped Liz

"It's not just a website... there are people there on call who can help answer your queries."

Liz W, London

Resigning from a job

Resigning from a job

Resigning from a job

You can always choose to leave your job by resigning. This article explains what to do when you resign, the things you should think about before resigning, and 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 you're going to leave your job. Threatening to leave, or saying you're looking for another job, isn't 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 didn't mean it, tell your employer quickly.

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

You should take note that:

  • Your resignation can't be taken back, unless your contract allows it, or your employer agrees
  • You'll get your final pay on your normal pay day unless your contract says differently - you don't have the right to get it any earlier
  • As long as you've given notice in accordance with the terms of your contract, your employer must accept your resignation

What if you're forced to resign against your will?

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

If you're thinking about claiming constructive dismissal, you should raise the problem as a grievance before you resign. If you don't, 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.

Your benefits if you resign

Your Jobcentre Plus can delay your Jobseeker's Allowance for up to 26 weeks if you've voluntarily quit without good reason. If you're claiming constructive dismissal, make sure they know. If you can't claim Jobseeker's Allowance, you may still be able to claim a hardship payment, which is a reduced amount of Jobseeker's Allowance.

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 workplace 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 haven't 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 you've taken more leave than you've earned, your employer can't normally take the money from your final pay unless it's 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 that's been taken from it so far in the tax year. You'll need a P45 form to give to your new employer.

What to do next

If you're thinking about leaving, think about the reasons why – are they problems that could be sorted out? If you feel you're being forced out of your job, read the article on constructive dismissal.

Check your contract or company handbook to find out how much notice you have to give, and whether it must be in writing.

Where to get help

If you are a member of a trade union, you can get help, advice and support from them.

Acas offers free, confidential and impartial advice on all employment rights issues.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them.

Copyright © 2024 Epoq Group Ltd. All trademarks acknowledged, all rights reserved

This website is operated by Epoq Legal Ltd, registered in England and Wales, company number 3707955, whose registered office is at 2 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. Epoq Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296).

Our use of cookies

We use necessary cookies to make our site work. We would also like to set some optional cookies. We won't set these optional cookies unless you enable them. Please choose whether this site may use optional cookies by selecting 'On' or 'Off' for each category below. Using this tool will set a cookie on your device to remember your preferences.

For more detailed information about the cookies we use, see our Cookie notice.

Necessary cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Functionality cookies

We'd like to set cookies to provide you with a better customer experience. For more information on these cookies, please see our cookie notice.