Voluntary Resignations Toolkit

The Voluntary Resignations Toolkit is designed to assist you with complying with the framework of existing legislation

When an employee wants to resign, you can try to persuade them to change their mind but you cannot refuse to accept their resignation. Once you have accepted the resignation in writing the agreement is legally binding. If the employee later withdraws their resignation, you do not have to agree to their continuing to work for you. However, take care if it is a ‘heat of the moment’ resignation e.g. a resignation following an argument. It is always worthwhile carrying out an exit interview to see if you can ascertain the real reason for the employee leaving your company. The exit interview form in the Monitoring Employee Turnover sub folder provides a useful structure for the meeting. This voluntary resignations toolkit is designed to help you understand good practice techniques in the many forms of voluntary resignation and ensure that the reasons for unforeseen voluntary resignations are understood.

This Voluntary Resignations Toolkit provides guidance in the following areas: Voluntary Resignation Is the resignation necessary? Acknowledging the Resignation Verbal Resignation Pressured Resignations and Ultimatums to Resign Common Issues Heat Of The Moment Resignations Legal background When to treat a resignation with caution Steps to be taken following a heat of the moment resignation Constructive Dismissal Garden Leave Avoiding breach of contract Garden leave clauses The length of garden leave Ensuring that the garden leave clause is enforceable The start of the garden leave period Arranging a handover of the employee’s work The employee’s personal effects Pay and benefits during the garden leave period Annual leave Monitoring the employee during the garden leave period Legal action to prevent a breach of contract by the employee Constructive Dismissal Constructive Dismissal Consequences Avoidance Strategy Conclusion Total pages:23 Last updated: September 2022

The Voluntary Resignations Toolkit contains the following template documents to support the guidance notes: Acknowledgement of Resignation Letter Leaver Questionnaire Letter Enforcing Restrictive Covenants Letter Placing an Employee on Garden Leave following Resignation Confirmation of Early Release Response to Request to Rescind Notice Response to Verbal Resignation All the supporting materials are created Microsoft Word so you may easily save them to your PC, amend them to suit your business style and then use them time and time again.

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