Tag: references

What To Do When An Employee Resigns

resignation letterAn employer can’t refuse to accept someone’s resignation and they must follow certain procedures.

When a member of staff resigns you must:

  • get them to confirm their resignation in writing.  Verbal resignations given in the heat of the moment could lead to claims of unfair dismissal – always ask for resignations to be given in writing.
  • tell them what their notice period is
  • agree when their last day at work will be
  • confirm whether they should work all or part of their notice period

Employee decisions to retire are a form of resignation.

Verbal resignations given in the heat of the moment could lead to claims of unfair dismissal – always ask for resignations to be given in writing.

To make their departure as smooth as possible, you might also:

  • Agree with the employee the terms of an announcement to other staff concerning their departure, if appropriate.
  • Organise a handover period. This allows for a smooth handover to existing staff or the employee’s replacement of key tasks and responsibilities.
  • Arrange an exit interview.  You can then use their response to determine whether there are any underlying issues to be addressed.
  • Retrieve security passes and all other property of your business, eg tools, uniforms, computers and company cars.
  • Organise their final payment including all money owing, eg pay in lieu of working a notice period, money for unused holidays, overtime and bonus payments.
  • Part on good terms. The person leaving may become a client or may be able to refer business to you. Equally, a disgruntled ex-employee can damage the reputation of your business if they leave on poor terms, eg having identified you as their previous employer then writing about their experiences as your employee on a social networking website or blog. This may be the case where the employee has details on their profile which identifies them as having worked for you.
  • Organise a farewell gift or party, if appropriate. Acknowledgement of good service appreciated is valuable for remaining staff morale and the promoting of a positive organisational culture.
  • Make a point of saying goodbye on the actual day the person leaves and thank them again for all their hard work.
  • Be careful about refernces. You should consider carefully the legal implications of providing a reference:
    • make sure that what you say is true, accurate and a fair representation of the person
    • an ex-employee could bring an action against you for libel, discrimination or defamation of character through a court or tribunal, if they consider the reference to be inaccurate

Helpline

Contact the Advisory, Conciliation and Arbitration Service (Acas) if you have any questions about handling staff resignations.

Workers’ Rights

Protect Workers RightsAn employer doesn’t usually have to give a work reference – but if they do, it must be fair and accurate. Workers may be able to challenge a reference they think is unfair or misleading.

Employers must give a reference if:

  • there was a written agreement to do so
  • they’re in a regulated industry, like financial services

If they give a reference it:

  • must be fair and accurate – and can include details about workers’ performance and if they were sacked
  • can be brief – such as job title, salary and when the worker was employed

Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.

Bad references

If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, such as by supplying examples of warning letters.

Workers must be able to show that:

  • it’s misleading or inaccurate
  • they ‘suffered a loss’ – for example, a job offer was withdrawn

Workers can get legal advice, including from Citizens Advice. They may also get legal aid.

Discrimination and unfair dismissal

Workers might also claim damages from a court if:

  • the employment contract says they must be given a reference but the employer refuses to
  • the worker is sacked because they’ve been asked to give a reference while the worker’s still working for them

Workers can get legal advice, including from Citizens Advice. They may also get legal aid.

Contact Acas (Advisory, Conciliation and Arbitration Service) for advice.

Acas helpline
Telephone: 0300 123 11 00
Textphone: 18001 0300 123 11 00
Monday to Friday, 8am to 6pm