Letter to discuss intention to resign

Sometimes, an employee might indicate they intend to resign at a future date. However, if their resignation isn’t then forthcoming when expected, it’s worth arranging a meeting to discuss their future plans.

A proposed future departure

Although most employees will simply submit their formal resignations to you when they want to leave your employment, occasionally employees might informally verbally indicate that they intend to resign but at a future date. This is often because they have plans to relocate elsewhere in the UK or overseas, or to retire, go travelling or go back into further education, and they’re giving you the heads up about their proposals so that you have plenty of warning to put a succession plan in place to cover their role. Employees don’t tend to let you know in advance though when they’re looking for a new job!

No resignation

In legal terms, an informal future intention to resign along these lines isn’t an actual resignation and it should never be taken as such – the employee hasn’t resigned. In addition, don’t be tempted to insist that the employee must still resign when their anticipated departure date comes around. Their plans might well have fallen through, and they are entitled to change their mind as nothing has been set in stone as far as the termination of their employment is concerned. If you do tell them that they must leave or force them to resign in these circumstances, it’s likely to amount to an unfair dismissal if they have been employed for two years or more.

Informal meeting

What you can do here though is to arrange an informal meeting with the employee using our Letter to Discuss Intention to Resign, but don’t do this until the date you expected them to resign has come and gone without your receiving their formal resignation. Our letter refers to what the employee originally indicated to you about their intention to resign (including the timescale and their reason for planning to leave), and then it asks them to attend a meeting to discuss whether their future plans have changed and, in particular, whether they still intend to resign or now intend to remain in your employment for the foreseeable future. When you hold this meeting, it’s important that you don’t make any assumptions or issue any threats or accusations, so keep the tone friendly and informal, stick to the facts (without airing any opinions) and then allow the employee to explain what their current position is. If they do still intend to resign but their proposed date for this has simply been postponed for whatever reason, ask them to continue to keep you informed about their plans, and gently remind them of the notice requirements in their employment contract for as and when they are ready to formally resign. If they no longer intend to resign, that should be the end of the matter as far as you’re concerned, as they’ll continue to remain in your employment.