Response to resignation

Where an employee resigns in amicable circumstances, you should write to them confirming receipt of their resignation and setting out the arrangements for termination of their employment. Strictly speaking, there is no obligation to actually “accept” the employee’s resignation.

Receipt of resignation

If the employee has no outstanding grievances or complaints and the wording of their resignation is both clear and unambiguous, then it can be simply accepted using our Response to Resignation letter, although, strictly speaking, a resignation by an employee is a unilateral act so there is no legal need for acceptance (which also means that an employee cannot later unilaterally withdraw their resignation once given). However, an acceptance letter in these terms ensures the position on leaving dates and payment of outstanding wages and holiday pay is clear. Be aware that the repayment of any excess holiday taken over and above the employee’s accrued entitlement can only be achieved by way of a deduction from final salary if there is a relevant provision in the employee’s contract of employment specifying that you can deduct overpaid holiday pay from their final salary.

Garden leave

If you have a contractual right to put an employee on garden leave during their notice period and want to exercise it, also make this crystal clear in your letter. We’ve included an optional paragraph to cover this.