Guide
How to Manage an Unfair Dismissal Claim
Let’s take a look at how to comply with the new laws on unfair dismissal, and how to manage a claim raised against your business.
- Dismissal
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
In this guide, we'll discuss what a resignation is, your legal duty, and how to handle staff departures in a professional manner.
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It's fairly normal for people to leave a job on their own accord. They might do this if they're seeking a new position, becoming parents, or need more money.
As an employer, it's important to manage resignation properly. This includes providing the correct final pay and ensuring departing staff work the correct notice period. Failure to do so could result in you paying missing wages, facing dismissal claims, and even reputational damage.
In this guide, we'll discuss what a resignation is, your legal duty, and how to handle staff departures in a professional manner.
Resignation is when an employee decides to leave their role within your business. This is also known as 'resigning', 'quitting your job', or 'handing in your notice'.
Staff might confirm their resignation verbally or in writing. For example, providing a simple resignation letter to their HR department.
There are countless examples of why people may decide to resign from their job. For example, they might want to:
There isn't a set amount on how much notice period is needed during a resignation. It all depends on a person's employment contract terms. If a person doesn't have a notice period clause in their employment contract, statutory minimum notice period will apply.
If their continuous service is:
It's never easy dealing with a resignation during work. But ensuring you’re following the right procedure is the best place to start. Let's look at ways to manage employees resigning from their job:
The first step that employers should take is creating a resignation policy statement. This statement should outline details like:
Even though it's not a legal requirement, it's always best to ask for a resignation letter. A resignation letter template may cover details like:
You should ask for resignation in writing (even if an employee expressed their intent verbally). It’s best for record-keeping if issues arise down the line.
Depending on contractual terms, most people may need to complete a notice period before they resign.
As an employer, it's important to inform them of how long notice periods should be. You should also state what happens if they don't complete it.
If an employee resigns due to constructive dismissal, they're less likely to fulfil their notice. That's because it might go against their reasons for resigning.
When a person is resigning, they must be paid any owing money owed to them. Final pay and benefits can include:
The last step involves ending relations with the resigning person on professional terms - whatever their intent is.
This could mean holding an exit interview with them. And addressing any grievance issues they're facing during this transition process.
It’s best practice to provide a written acceptance letter stating you've accepted their resignation. It’s always a good idea to end things professionally and wish staff success and support with their future career.
If they want to resign earlier than their end date, try to think about the practicality of this request. Allow this if you can afford to let them go earlier.
However, employers should think about the consequences that could affect their business. For example, finding someone to cover their working hours.
You should state whether you accept or reject this request and explain your reasons.
In some cases, employees may express a desire to resign from their job at a later date. Maybe they're thinking about retirement or looking for alternative jobs.
Whatever their reasons are, it's important not to hold this decision against them. Avoid treating them differently or denying them of any career opportunities, like training or promotions. If you do, you could face discrimination claims against you.
An employee may wish to leave their job for any number of reasons - it's a normal part of employment life. Despite that, you should be able to deal with the aftermath of resignations.
However, if you fail to manage resignation properly, you could face serious consequences. Like, paying missing wages, facing dismissal claims, and causing business disruption.
Peninsula offers expert advice on resignation. Our teams offer 24/7 HR advice which is available 365 days a year. We take care of everything when you work with our HR employment team.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
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