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Whether you’re moving on to new opportunities or responding to challenges in your current role, it’s important to understand your legal rights and obligations when resigning from your job.
At Warner Goodman LLP, our Employment Law team provides expert advice to ensure your resignation is handled smoothly—from notice periods and final pay to garden leave and restrictive covenants.
A resignation is a formal statement to your employer that you intend to terminate your employment contract. It can be made verbally, but it is usually best practice to provide written notice (such as by email or letter) to avoid disputes. Simply threatening to leave or mentioning that you are considering another job does not constitute a resignation.
Resigning from your job should be clear and professional, ensuring your notice period and legal rights are respected.
Notice in Writing: Most employment contracts require resignation in writing. Providing written notice—such as an email or formal letter—creates a clear record and avoids potential disputes. Your notice period usually begins from the date your employer receives this written notice.
Immediate Resignation: In situations where you are leaving due to unfair treatment, bullying, or other serious issues (constructive dismissal), a verbal resignation may be legally sufficient. However, it is always advisable to confirm your resignation in writing to have documented evidence of the circumstances and your decision.
How Much Notice Must I Give?
Your employment contract will usually specify the notice period you are required to give when resigning. If your contract does not set this out, statutory minimum notice periods apply:
How Much Notice Must My Employer Give?
Employers are required to provide the same statutory minimum notice based on your length of service. Courts may occasionally apply a “reasonable notice” principle, depending on the circumstances.
Once you have submitted your resignation, it’s important to understand how your notice period will be managed. Depending on your contract and your employer’s policies, you may either work through your notice, be placed on garden leave, or receive pay in lieu of notice (PILON).
Garden Leave: During garden leave, your employer may ask you to stay away from the workplace for the remainder of your notice period. You will continue to receive your normal salary and benefits, and you remain employed and bound by the terms of your contract, including confidentiality obligations. Garden leave is often used to protect sensitive business information or client relationships while allowing a smooth transition.
Pay in Lieu of Notice (PILON): Your employer may choose to pay you for your notice period instead of having you work it. This usually covers your salary, but you should check whether contractual benefits, such as pensions, bonuses, or other perks, are included. PILON can help both you and your employer conclude the employment relationship quickly, but it is important to ensure that all entitlements are correctly accounted for.
It’s important to understand what you are entitled to financially while serving your notice period. Your pay and benefits during this time can vary depending on your contract, statutory rights, and any special circumstances.
Normal Pay: You are generally entitled to receive your usual salary throughout your notice period, just as if you were continuing to work.
Impact of Leave: If you are on sick leave, maternity, paternity, or other statutory leave, your pay and benefits may be affected. It’s important to check your contract and statutory entitlements.
Contractual Notice Exceeding Statutory Minimum: If your contract requires you to give more notice than the statutory minimum, your pay continues as if you were working normally for the entire contractual notice period.
Resigning while under disciplinary action or during a redundancy process can have legal and practical consequences. Seek professional advice before making a decision.
Disciplinary Action: Resigning may impact any potential tribunal claims, references, or ongoing investigations. It’s important to understand the implications before taking action.
Redundancy: If you resign before a redundancy process is completed, you usually forfeit any entitlement to statutory redundancy pay. Carefully consider the timing and seek advice if you are unsure of your rights.
Before submitting your resignation, it’s important to review your contract and understand any obligations that may continue after you leave. This can help prevent legal or financial complications.
Restrictive Covenants: Check your contract for non-compete, non-solicitation, or other restrictive clauses. These may limit where you can work or which clients you can contact after leaving your current role.
Bonus Entitlement: Many bonus schemes require you to still be employed on the bonus payment date. Review your contract to understand whether you will be entitled to any pending bonuses.
Confidentiality: Do not take employer data, client lists, or confidential information when leaving. Doing so can lead to serious consequences, including legal action or dismissal for gross misconduct.
Our Employment Litigation specialists provide clear, practical advice to support you throughout your resignation. We can:
 | Review your contract and advise on your notice obligations |
| Guide you on pay, benefits, and pay in lieu of notice (PILON) |
| Explain your rights regarding garden leave and restrictive covenants |
| Support you if you are considering constructive dismissal or facing disciplinary issues |
We provide practical guidance and support to help you manage your resignation and protect your employment rights.
While a verbal resignation can be valid in some circumstances, it is best practice to submit your resignation in writing. This provides a clear record of your intention and the date your notice period begins.
You can only withdraw it with your employer’s agreement. Some employers may allow a very short cooling-off period, giving you a chance to reconsider your decision. Ideally, any withdrawal should be made as soon as possible—typically on the same day or within a few days of submitting your resignation.
You can leave early only with your employer’s agreement, which can benefit both parties if a quick transition suits the business. Leaving without consent carries legal risks, such as your employer attempting to enforce your notice period or prevent you from joining a competitor. Even if you leave early, you remain bound by contractual obligations like non-compete, non-solicitation, and confidentiality clauses, so it’s important to understand and comply with your contract to avoid complications.
Unpaid leave during notice is not automatically granted. You would need your employer’s agreement, and it is typically treated on a case-by-case basis.
You can request annual leave during your notice, but your employer may refuse if operational needs require your presence. Alternatively, your employer can require you to take accrued holiday during your notice, usually giving notice twice as long as the holiday period (for example, 10 days’ notice for 5 days of leave).
Your pension contributions and benefits usually continue up to your final day of employment. If you are entitled to company bonuses or other benefits, review your contract to understand how resignation might impact them.
Yes, you can resign at any time. However, it is important to consider how resignation may affect any ongoing grievance or claims, such as constructive dismissal or discrimination, and seek advice if needed.
A resignation letter should state your intention to resign, your notice period, and your proposed last working day. If relevant, you can keep it simple without including reasons for leaving.
Yes. Probation periods often have shorter notice requirements, but you should check your contract to ensure you comply with any contractual obligations.
Your reference is typically based on your performance and conduct during employment. Giving proper notice and leaving professionally usually ensures you maintain positive references.
Resigning from your job can involve important legal considerations, from notice periods and final pay to garden leave, restrictive covenants, and potential claims. Our specialist employment solicitors in Hampshire are here to provide guidance, support, and expertise.
We offer a proven track record in handling employment law matters for employees, with benefits including:
| Over 170 years of combined experience in employment law for employees |
| High success in representing employees in notice, resignation, and constructive dismissal matters |
| Clear pricing for transparency and peace of mind |
| Clients rate us ‘excellent’ on reviewsolicitors.co.uk, based on over 1,000+ reviews |
| Fully regulated and authorised by the Solicitors Regulation Authority (SRA) |
With Warner Goodman LLP, you can rely on a team that is experienced, approachable, and committed to achieving the best outcome for every client.
If you are planning to resign or are navigating matters related to leaving your job, it’s important to get specialist legal advice. Our experienced solicitors can guide you through every step of the process, including reviewing your contract, understanding notice periods, and handling issues such as pay, garden leave, or potential claims, to protect your rights and achieve the best possible outcome.
We assist clients across Hampshire and beyond, with offices conveniently located in Southampton, Portsmouth, Fareham, Chandler's Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment.
Call: 023 8063 9311
Email: employment@warnergoodman.co.uk
Alternatively, complete our online enquiry form to request a confidential callback.
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