Editor's message: Employees are entitled to resign by giving their employer notice. There are a number of steps that employers should take when an employee resigns, including:
If you need practical help working through the steps that an employer should consider when an employee resigns, you may find our interactive Liveflo workflow useful:
Ashok Kanani, employment law editor
Updated to include information on Private Medicine Intermediaries Ltd v Hodkinson and others, in which the EAT upheld the finding of constructive dismissal in circumstances where the employer had raised performance concerns with an employee on sick leave.
On this week's XpertHR Weekly, we look at heat-of-the-moment dismissals, including ambiguous words or behaviour on the part of the employer or employee.
A school catering assistant was suspended by her employer for using an e-cigarette on school premises. She resigned and claimed that she had been constructively dismissed. The employment tribunal did not uphold her claim, but indicated that if she had not resigned but been dismissed, the tribunal might have judged that dismissal to be unfair.
Use this resignation workflow to deal with an employee's resignation, bearing in mind the employee's contractual obligations regarding matters such as notice, restrictive covenants and the return of company property.
Should a hotel have allowed an employee to withdraw a resignation letter that she wrote while agitated during a routine meeting to assess a "mystery-shopper" visit? That was the issue in this employment tribunal.
A model letter confirming receipt of an employee's resignation where he or she is working out the full notice period.
HR and legal information and guidance relating to resignation.