Key Issues Concerning Resignation
- Legitimacy of the resignation: has the employee been coerced, is the resignation genuine or a moment of intense frustration following which they may change their mind, are there circumstances which have “forced” the employee to resign in which case they may subsequently have grounds for a claim they were constructively dismissed. If you have any doubts contact HR for advice.
- Do we want to reverse the resignation to resign? Generally people who resign are firm in their decision and often if they are persuaded to stay they never fully recommit and leave some time later. Sometimes the circumstances of the resignation mean you believe it is worthwhile attempting to reverse the employee’s decision. The first step is to fully explore and understand the reasons for the resignation before deciding whether these can be reversed and the person recommit fully. Before beginning any negotiations talk to your manager and HR.
- Period of notice and whether the notice will be worked or not: The required period of notice will be that stipulated in the employee’s employment agreement.
- Should the employee fail to give the required notice, BigApple is legally entitled to make a deduction from the employee’s final pay for the un-worked period of notice. However, the exact details on entitlement to make such deductions are often dealt with in the applicable employment agreement, so refer to this in all cases. This
- The employee is usually expected to work out his/her notice but there may be circumstances where this is not appropriate. Unless BigApple agrees otherwise, an employee cannot use their annual leave entitlement to shorten the notice period.
- Where BigApple does not wish the employee to work out his/her notice period, the employee can be paid in lieu of notice. This abbreviates the notice period. Carefully check the relevant employment agreement in all cases to confirm BigApple’s ability to provide pay in lieu of notice.
- Alternatively, the employee may express a desire to leave early without working out his/her notice. BigApple may reject such a request, but if it is agreed by BigApple, then BigApple is not obliged to pay for the un-worked period of notice.
- Exit interviews: Where an employee resigns, it is our practice to conduct an exit interview. HR organises these interviews and, where useful, provides feedback to managers. This interview serves three main purposes:
- Reduces the likelihood of a subsequent claim that the employee resigned “in the heat of the moment”.
- Identifies behaviour which, deliberately or inadvertently, caused the employee to resign, and which, if the resignation is accepted or not withdrawn, could result in a employee grievance.
- Where resignation is for good cause, this interview provides an additional opportunity to constructively review the requirements of the position and identify the skills and personal qualities required of the “ideal” replacement.
- References: Our policy is we don’t provide references because of risks that either ex employees or future employers will challenge the accuracy of these. HR will provide a certificate of service covering etc. If you are asked we have no objection to your providing a purely personal verbal reference provided the employee has agreed to your doing so and it is clear to all that you are speaking personally.
- Post employment obligation: In some cases the employee will have a a restraint of trade or non-solicitation or other post employment obligation which we need to remind them of. HR will ensure these are referred to in the Confirmation of Resignation Letter provided to all employees before they leave. BigApple takes these protections of our business seriously and will enforce them if necessary.