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When an Employee resigns they are asking to end their Contract of Employment.


When a notice of intention to end the Contract of Employment is given by any party it cannot be withdrawn unless the other party agrees, although if a person resigns in the heat of the moment an Employer should not treat it as a resignation and should investigate the matter.


Any notice received should be dated and a notice period runs from the day following the day on which the notice was given.


A Contract of Employment should set out the requisite notice periods. In the absence of any, there are statutory minimum periods.


An Employee does not have to give notice of their intention to resign if they have been employed for less than one month.


For periods of employment over a month but less than 2 years, the statutory minimum notice period is 1 week. For periods over 2 years, the notice period in weeks is equal to the number of years Employed up to a maximum of 12 weeks.


An Employee could receive payment in lieu of working the notice period (PILON) if their contract provides for it or if they agree. Payment must also include any benefits that would have been passed on to the Employee had they worked.


Employer and Employee may end their relationship by way of a Compromise Agreement which sets out the terms of the relationship end.


If an Employer makes a fundamental breach of a Contract of Employment it may entitle an Employee to resign and claim constructive dismissal.


Resignation - Employer Documents includes:


  • Confirmation of Notice
  • Insufficient Notice given
  • Payment in Lieu of Notice requested
  • Payment in Lieu of Notice agreed
  • Payment in Lieu of Notice refused