Resignation and Termination of Employment Letters

Yes, where the resignation is clear and unambiguous. An employer cannot refuse to accept a resignation that is properly given. Once an employee clearly communicates their intention to resign and works (or is released from) their contractual notice period, the decision takes effect without requiring your agreement. You can try to persuade the employee to stay, but you cannot block the resignation. Take care though where the words were said in the heat of the moment, for example during an argument, or where the employee's state of mind may have been affected. Verbal resignations given in the heat of the moment could lead to claims of unfair dismissal, so always ask for resignations to be given in writing. In those cases do not simply treat the words as a final resignation. Seek written confirmation and allow a reasonable cooling-off period, because wrongly treating it as a resignation may amount to a dismissal. Acknowledge the resignation in writing as soon as possible: the Simply-Docs Acknowledgement of Resignation Letter template is designed for exactly this step.

Not automatically. A verbal resignation given in the heat of the moment may not be treated by a tribunal as genuine, particularly if the employee quickly sought to retract it. The key question is whether a reasonable bystander would conclude the employee 'really intended' to resign when the words were used. Allow a short cooling-off period before treating it as final, and ask for written confirmation. If the employee later withdraws, you are not legally obliged to accept the withdrawal, but accepting an impulsive resignation without investigation could expose you to an unfair dismissal claim.

Only if the employment contract contains an express garden leave clause. Where such a clause exists, you can instruct the employee to stay away from the workplace for some or all of their notice period while continuing to pay their full salary and contractual benefits. Without a contractual clause, placing an employee on garden leave risks a breach of contract claim and, in some cases, a constructive dismissal claim. The Simply-Docs Letter Placing an Employee on Garden Leave following Resignation is designed to implement this arrangement formally in writing.

Which letter applies depends on whether the employee works their notice. Where they have worked their notice in full, use the Termination of Employment Letter after Working Notice Period. Where employment ends without notice being worked and no settlement agreement is involved, for example on summary dismissal or payment in lieu of notice, use Termination of Employment without Settlement Agreement. A Termination of Employment Checklist helps you work through the key steps before and after termination. If a settlement agreement is involved, see the Settlement Agreements sub-folder.

Start by writing formally to set out the alleged breach and require written undertakings that the former employee will stop: the Simply-Docs Letter Enforcing Restrictive Covenants is designed for this. If that does not resolve matters, you may need legal action, including applying for a court injunction. A covenant is only enforceable if it protects a legitimate business interest and is reasonable in scope, duration and geography, so seek legal advice before proceeding.

Yes. Exit interviews are recognised good practice and can help you understand the real reason an employee is leaving, identify underlying workplace issues and reduce future turnover. They are not legally required but can also be useful evidence if a dispute arises later. The Simply-Docs Exit Interview Form in this sub-folder provides a structured format for the meeting.