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Employee Notice Periods and Resignation Policy

1. Introduction

At {{org_field_name}}, we are committed to ensuring a smooth and professional transition when an employee decides to resign. This Employee Notice Periods and Resignation Policy provides clear guidance on the resignation process, notice period requirements, and company expectations during the transition. It ensures that staffing levels remain sufficient, service users continue to receive high-quality care, and all administrative tasks are completed efficiently.

This policy is intended to support compliance with applicable employment and regulatory requirements, including the Employment Rights Act 1996, the Working Time Regulations 1998, the Equality Act 2010, the Data Protection Act 2018, the UK General Data Protection Regulation, applicable pension legislation, the Health and Social Care Act 2008, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the Care Quality Commission (Registration) Regulations 2009. It must be read alongside the employee’s contract of employment and the organisation’s disciplinary, safeguarding, information governance, annual leave, recruitment, continuity planning and records management policies.

2. Purpose and Scope

The purpose of this policy is to:

• Establish clear guidelines for employees who wish to resign.
• Ensure adequate notice periods for all roles.
• Facilitate smooth handovers and continuity of care.

• Identify and manage risks to people using the service arising from an employee’s proposed departure.
• Ensure that staffing arrangements remain safe, effective and compliant with CQC registration requirements.
• Ensure that required CQC notifications and registration applications are completed where a registered manager or other registered person leaves or will be absent.
• Protect the legal rights of the departing employee and prevent unauthorised deductions from wages.

• Protect company assets and confidential information.
• Ensure final pay and entitlements are processed correctly.

This policy applies to employees of the organisation, including full-time employees, part-time employees, employees engaged under fixed-term contracts and employees whose contracts do not guarantee a minimum number of working hours. The legal rights and obligations of individuals described as workers, bank workers, casual workers, agency workers or self-employed contractors will depend on their employment status and the terms of their written agreement. Human Resources must confirm the individual’s status before applying contractual notice, deduction or final-pay provisions.

This policy governs employee-initiated resignations and voluntary retirement. It does not replace the organisation’s separate procedures for dismissal, redundancy, the expiry or non-renewal of a fixed-term contract, settlement agreements, capability, ill-health dismissal or termination by mutual agreement. Where more than one procedure may apply, Human Resources must determine the appropriate process before any decision is made.

3. Principles of the Policy

Our approach to managing resignations is guided by the following principles:

1. Professionalism and Respect: Resignations should be handled with mutual respect, ensuring a positive exit experience for both the employee and the company.
2. Continuity of Care: Contractual notice periods support workforce planning, but the organisation remains responsible for maintaining safe and effective care whether or not an employee works their full notice. The organisation must not rely solely on notice provisions to meet its staffing obligations. Managers must assess the effect of each resignation on staffing numbers, staff competence, visit schedules, medicines support, safeguarding responsibilities, leadership cover and continuity of care.
3. Fairness and Compliance: All processes will comply with UK employment law, including final pay and entitlement calculations.
4. Confidentiality and Security: Employees must return company property and maintain confidentiality after leaving the organisation.
5. Support and Well-Being: We will support employees through the resignation process, including exit interviews and well-being support where needed.
6. Lawful Pay and Deductions: Employees will be paid all wages and statutory payments lawfully due. No deduction will be made from wages unless it is required or permitted by legislation, authorised by a relevant contractual term previously provided to the employee, or agreed by the employee in writing before the deduction is made.
7. Fair Treatment and Equality: Resignations, retirement discussions, requests to withdraw a resignation and decisions about notice arrangements will be handled consistently and without discrimination, victimisation or retaliation. No employee will be pressured to resign because of age, disability, pregnancy, maternity, race, religion or belief, sex, sexual orientation, gender reassignment, marriage or civil partnership, or any other unlawful reason.

4. Employee Responsibilities

When an employee decides to resign, they must follow the steps outlined below:

4.1 Communicating a Resignation

An employee should give notice of resignation in writing to their line manager or Human Resources. The resignation should state:

• the employee’s intention to resign;
• the date on which notice is given;
• the proposed last day of employment; and
• where relevant, any request concerning annual leave, release from duties, garden leave or a shorter notice period.

The employee is not required to provide a reason for resigning.

A resignation communicated verbally may be legally effective where the employee’s intention to resign is clear and unambiguous. Where a verbal resignation is received, the manager must make a contemporaneous written record and ask the employee to confirm the resignation in writing. The organisation must not assume that words spoken impulsively, during an argument, under significant distress or in otherwise ambiguous circumstances amount to a final resignation.

Where there is reasonable doubt about the employee’s intention, the manager must allow a reasonable opportunity for clarification before treating the resignation as final. Human Resources advice must be obtained before acting on an ambiguous, disputed or apparently impulsive resignation.

4.2 Notice Period:

Employees must provide the required notice period based on their role and contract type (see Section 5).

The notice period will normally begin when clear notice of resignation is received by a person authorised to receive it, subject to any valid provision in the employee’s contract specifying when and how notice is deemed to have been received. Human Resources will confirm the commencement date and last day of employment in writing.

Where the employee proposes a last day that does not provide the required contractual notice, the manager must not alter payroll or record the employee as absent without first discussing the matter with the employee and obtaining Human Resources advice.

4.3 Acknowledgement and Clarification

The organisation will acknowledge the resignation promptly and normally within three working days. The acknowledgement will confirm:

• the date on which notice was received;
• the applicable contractual notice period;
• the agreed last day of employment;
• whether the employee is expected to work all or part of the notice period;
• any agreed annual leave, payment in lieu of notice or garden leave arrangements;
• handover requirements;
• arrangements for returning organisational property;
• the expected date of final pay; and
• the employee’s continuing duties concerning confidentiality, information security and professional conduct.

Acknowledging a resignation does not mean that the organisation has discretion to reject a clear and effective resignation. The acknowledgement records the arrangements arising from it.

4.4 Work During Notice Period:

Employees are expected to continue performing their duties to the best of their ability during the notice period.

Staff must complete outstanding tasks, hand over responsibilities, and assist with onboarding replacements where applicable.

During the notice period, the organisation may make reasonable changes to duties, work location, rota allocation or reporting arrangements where permitted by the employee’s contract and necessary to protect people using the service, staff, records or organisational assets. Any change must be lawful, proportionate and must not place the employee or people receiving care at avoidable risk.

The organisation may agree that the employee will not attend work for some or all of the notice period. This may be managed through:

• authorised annual leave;
• garden leave, where contractually permitted;
• payment in lieu of notice, where contractually permitted or agreed;
• an agreed early release; or
• another lawful arrangement confirmed in writing.

The organisation will not describe an employee as being on garden leave unless the contract permits it or the employee agrees. Normal contractual obligations, including confidentiality and availability requirements, continue during garden leave unless confirmed otherwise in writing.

4.5 Handover, Care Records and Risk Escalation

The manager will determine a proportionate handover plan based on the employee’s role, responsibilities and access to information. The employee must complete all records for care and support that they have personally delivered or overseen, in accordance with the organisation’s recording standards.

The employee must not retrospectively alter, conceal, destroy or remove records. Any late entry or correction must be made transparently in accordance with the records management policy.

The handover may include:

• outstanding care-record entries;
• changes in a person’s needs, risks or preferences;
• medicines-related concerns or outstanding medicines actions;
• missed, late or shortened visits requiring review;
• safeguarding concerns and referrals;
• incidents, accidents, complaints or duty of candour actions;
• outstanding professional or multidisciplinary communications;
• key contacts and scheduled appointments;
• staff supervision, competency or performance matters;
• rota, recruitment or training actions; and
• access, security and equipment arrangements.

Employees must immediately report any concern that could affect the safety, health, welfare or rights of a person using the service. Such concerns must not be held until the final handover meeting.

The manager remains accountable for checking that handover actions have been completed and for reallocating incomplete work safely. Responsibility for regulatory compliance cannot be transferred to the departing employee.

4.6 Return of Company Property:

All company-owned property must be returned by the final working day, including:

• Mobile phones, laptops, and tablets.
• ID badges and uniforms.
• Confidential documents and keys.

The organisation will provide the employee with a written inventory, where practicable, of property expected to be returned. The employee must be given a reasonable opportunity to return the property.

Failure to return property does not automatically permit a deduction from wages. Any deduction must be lawful and supported by an applicable contractual term, statutory provision or the employee’s prior written agreement. The value deducted must be reasonable and reflect the organisation’s actual recoverable loss, taking account of the age and condition of the item. The organisation may pursue recovery separately where a deduction would not be lawful.

5. Notice Period Requirements

The notice an employee must give is determined primarily by the employee’s contract of employment, subject to the statutory minimum applicable when an employee who has been continuously employed for at least one month resigns. The contractual notice period must be recorded in the employee’s written statement of employment particulars. Where this policy conflicts with an employee’s contract, Human Resources must determine which provision applies and whether a contractual variation is required.

Role or contractual status	Employee notice normally required
During probation	As stated in the employment contract, normally one week
Care worker after probation	As stated in the employment contract, normally two weeks
Senior care worker or care co-ordinator	As stated in the employment contract, normally four weeks
Administrative staff	As stated in the employment contract, normally four weeks
Deputy manager or senior operational lead	As stated in the employment contract, normally four to eight weeks
Registered manager	As stated in the employment contract, normally up to twelve weeks
Employee with no guaranteed minimum hours	As stated in the employment contract
Worker who is not an employee	According to the worker agreement and applicable legal status
Fixed-term employee	According to the fixed-term contract, including any early-termination clause

The table does not create or vary a contractual notice period by itself. The notice requirement must be incorporated into the employee’s contract or a lawfully agreed contractual variation. Managers must not assume that a policy amendment retrospectively changes an existing employee’s contractual notice obligation.

5.1 Probationary Period

Employees within their probationary period must provide 1 week’s notice if they wish to resign. During probation, the employee must give the notice stated in their contract. Where the organisation proposes to terminate employment during probation, it will apply the notice stated in the contract or the statutory minimum notice, whichever is greater, unless summary dismissal without notice is legally justified. The organisation will follow an appropriate and fair process and will consider whether the employee’s circumstances engage discrimination, whistleblowing, health and safety, family leave or other statutory protections.

5.2 Contractual and Statutory Notice

An employee’s required notice will be confirmed by reference to their contract. Where the contract is silent and the employee has been continuously employed for at least one month, the employee must ordinarily give at least one week’s notice. A longer notice period may apply where it forms part of the contract.

The notice the organisation must give to an employee is calculated separately and must be no less than the applicable contractual or statutory entitlement. Managers must not use the employee notice table to calculate dismissal notice.

5.3 Senior Roles:

Employees in senior leadership or specialist roles may be contractually required to give a longer period of notice because of their responsibilities and the time reasonably needed for recruitment, regulatory applications, leadership cover and handover. Any longer notice period, including a notice period of up to twelve weeks for a registered manager, must be expressly stated in the employee’s contract.

The organisation must not rely on an extended notice period as its only contingency for the departure of a registered manager. A current succession and business continuity plan must be maintained.

5.4 Agreement to Vary Working Arrangements During Notice

The employee and the organisation may agree in writing to shorten or extend the notice period, change the duties performed during notice, use annual leave, place the employee on garden leave or make a payment in lieu of notice. Before agreeing to an earlier departure, the manager must consider:

• the employee’s contract;
• safe staffing and staff competence;
• continuity of care;
• medicines, safeguarding and record-keeping responsibilities;
• the effect on people using the service;
• regulatory notification requirements;
• recruitment or interim management arrangements; and
• any financial consequences for the employee and organisation.

Any agreement must state the revised termination date, pay arrangements, benefits, holiday treatment and continuing obligations. Managers must obtain Human Resources approval before confirming the agreement.

5.5 Leaving Without Working the Required Notice

An employee who leaves without working the required notice and without the organisation’s agreement may be in breach of contract. The organisation will:

• pay the employee for all work actually performed;
• pay accrued but untaken statutory annual leave where due;
• make only lawful deductions;
• assess any actual financial loss before considering recovery action;
• avoid withholding wages as a penalty; and
• consider the circumstances, including health, safety, safeguarding, domestic abuse, disability or another serious reason that may explain the employee’s inability to work notice.

The organisation may seek to recover a demonstrable contractual loss through an appropriate legal route where justified, but it will not impose an automatic fine or forfeiture of wages or benefits.

5.6 Fixed-Term Contracts

A fixed-term contract may end on its agreed expiry date without the employee resigning. Where either party wishes to terminate the contract before the expiry date, the organisation must check whether the contract contains an early-termination provision and what notice is required.

The non-renewal of a fixed-term contract is treated as a dismissal for employment-law purposes and must not be processed as a voluntary resignation unless the employee has clearly resigned.

6. Organisation and Management Responsibilities

Upon receiving an employee’s resignation, the company will:

6.1 Acknowledgement of Resignation

Human Resources or the authorised manager will normally acknowledge a resignation in writing within three working days. The acknowledgement will confirm the matters listed in Section 4.3. Final pay figures may be described as provisional until payroll has completed the calculation.

The organisation must not promise a specific final payment amount before confirming worked hours, sleep-in payments, travel time, expenses, holiday accrual, lawful deductions, notice arrangements and any other contractual payments.

6.2 Staffing, Continuity and Risk Assessment

As soon as a resignation is received, the line manager must assess whether the departure creates or increases risks to safe service delivery. The assessment must be recorded and reviewed throughout the notice period.

The assessment must consider:

• the number, availability and competence of staff;
• whether scheduled care visits can be delivered at the agreed time and for the required duration;
• the needs, risks and preferences of each affected person;
• continuity of regular care workers;
• medicines administration and competency cover;
• moving and handling competencies;
• delegated healthcare tasks;
• safeguarding, on-call and emergency responsibilities;
• lone-working arrangements;
• supervision, appraisal and competency assessment capacity;
• travel time between visits;
• recruitment timescales;
• agency or temporary worker checks and induction;
• management and clinical oversight; and
• the risk of missed, late, rushed or shortened visits.

Where a risk is identified, the manager must create an action plan, allocate responsibility, set review dates and escalate unresolved risks to the registered manager or nominated individual.

The organisation must not accept new packages of care or increase existing commitments where it cannot demonstrate that sufficient competent staff are available to meet people’s needs safely.

6.3 Resignation of a Registered Manager

Where a registered manager resigns, the provider or nominated individual must immediately begin a documented regulatory and operational transition plan. The plan must include:

• confirmation of the registered manager’s contractual last day;
• identification of the individual responsible for day-to-day management during the transition;
• an assessment of that individual’s competence, capacity, experience and authority;
• arrangements for out-of-hours leadership and escalation;
• a timetable for recruiting a replacement;
• submission of any required CQC notification;
• an application for registration by the proposed new manager where required;
• arrangements for the outgoing manager’s application to cancel their registration;
• review of the statement of purpose and registration details;
• communication with commissioners and other stakeholders where necessary;
• secure transfer of governance records, notifications, audits and regulatory correspondence; and
• enhanced provider oversight until a suitably registered manager is in post.

The provider remains legally accountable for the regulated activity throughout the transition. A person acting as interim manager must not be described as the “registered manager” unless and until CQC has granted their registration.

Where the registered manager will be absent from managing the regulated activity for a continuous period of 28 days or more before their employment ends, the provider must determine whether a notice of absence is required under Regulation 14 of the Care Quality Commission (Registration) Regulations 2009.

The provider must notify CQC of relevant changes in who manages the regulated activity and must use the current CQC process and forms. Copies of notifications, applications and correspondence must be retained.

6.4 CQC Notifications and Regulatory Records

The registered provider must maintain a checklist of CQC notifications and registration actions that may be triggered by a resignation or associated service disruption. This includes:

• changes concerning a registered manager;
• the absence of a registered individual for 28 consecutive days or more;
• events that prevent or threaten to prevent the service from running safely and properly;
• changes to the statement of purpose;
• changes to registered details; and
• any incident affecting the health, safety or welfare of a person using the service that meets a statutory notification threshold.

The registered person may delegate preparation or submission of a notification, but remains accountable for ensuring that it is accurate, complete and submitted within the required timescale.

6.5 Handover and Exit Process

The line manager will work with the employee to complete a detailed handover, ensuring all service user care plans, notes, and administrative tasks are up to date. A final handover or supervision meeting will normally be held where practicable. The meeting will record outstanding actions, risks, accountability for completing those actions and the transfer or closure of any supervision responsibilities. A departing manager must not retain open supervisory responsibility after their employment has ended.

• Exit Interview

The organisation will offer the employee an exit interview. Participation is voluntary. The employee may provide feedback verbally or in writing and may decline to answer any question. Information suggesting abuse, neglect, unsafe care, fraud, discrimination, whistleblowing detriment or another serious concern must not be treated solely as confidential exit feedback. It must be escalated under the relevant safeguarding, whistleblowing, grievance, disciplinary or incident procedure. Feedback will be reviewed by senior management and used to enhance staff retention and workplace satisfaction.

7. Final Pay and Benefits

Upon resignation, the following will apply regarding final pay and benefits:

7.1 Final Salary

Final pay will normally be processed on the employee’s usual payroll date, unless the contract, payroll arrangements or another legal requirement provides otherwise. The employee will receive an itemised payslip and, where necessary, a written explanation of the calculation.

Final pay may include, as applicable:

• pay for all hours or salary earned up to the termination date;
• notice pay or payment in lieu of notice where due;
• payment for accrued but untaken statutory annual leave;
• contractual holiday pay where provided;
• sleep-in, on-call, overtime, travel-time or other payments properly due;
• approved expenses;
• statutory payments due through payroll; and
• lawful deductions that are clearly itemised.

Any deduction relating to loans, overpayments, excess holiday, training costs or unreturned property will be made only where it is lawful and authorised by legislation, a valid contractual term or the employee’s prior written agreement. The employee will be given an explanation of the deduction and how it was calculated.

7.2 Annual Leave and Holiday Pay

Annual leave will be recalculated up to and including the employee’s termination date. The calculation will distinguish between statutory annual leave and any additional contractual leave where the contract applies different rules.

The organisation may require the employee to take accrued annual leave during the notice period only by giving the required notice and acting consistently with the contract and the Working Time Regulations 1998. Alternatively, annual leave may be taken by agreement.

Accrued but untaken statutory annual leave will be paid on termination.

Where the employee has taken more annual leave than they have accrued, a deduction from final pay will be made only where the contract or another prior written agreement clearly authorises that deduction. The calculation will be provided to the employee.

7.3 Pension

Employee and employer pension contributions will be calculated in accordance with applicable legislation, the pension scheme rules and pensionable earnings paid through payroll. The organisation will provide or facilitate access to information about the employee’s scheme membership and will direct the employee to the pension provider or scheme administrator for advice about available options.

The organisation will not provide regulated financial advice.

7.4 Outstanding Expenses:

Any outstanding expense claims must be submitted before the final working day. Approved expenses remain payable in accordance with the expenses policy even if they cannot reasonably be submitted before the final working day. Employees should submit claims as soon as practicable and within the policy’s normal time limit.

7.5 Leaving Documentation

The organisation will provide the employee with a P45 after the final payroll has been processed and will issue any other documents required by law or the applicable pension scheme. The employee is responsible for providing an up-to-date postal address and contact details.

8. Confidentiality and Data Protection

Employees must comply with their contractual confidentiality obligations, the common-law duty of confidence, the Data Protection Act 2018, the UK General Data Protection Regulation and the organisation’s information governance policies during and after employment. Upon resignation:

• Information handling: Employees must return all records, devices and documents belonging to the organisation. They must not retain personal data or confidential information in personal email accounts, cloud storage, messaging applications, notebooks, photographs or personal devices. Records must not be deleted unless deletion has been authorised and carried out in accordance with the organisation’s retention and disposal procedures.
• Non-Disclosure: Employees must not disclose confidential information about the company, service users, or colleagues after leaving employment.
• Systems and access: The line manager must inform the person responsible for information technology and access control of the confirmed termination arrangements. Access permissions must be reviewed and removed at an appropriate time based on risk, normally no later than the end of the employee’s final period of authorised work. Access may be restricted earlier where justified and lawful.

The organisation must preserve records that are required for care, safeguarding, complaints, investigations, litigation, payroll, regulatory purposes or statutory retention. A departing employee must not be instructed to delete records that the organisation is legally required to retain.

A suspected confidentiality or personal data breach will be assessed under the information governance and data breach procedures. Disciplinary action, regulatory reporting, legal action or referral to a professional body may be considered where appropriate. Legal action is not automatic and will depend on the facts and applicable law.

9. Resignation During an Investigation, Disciplinary or Safeguarding Process

A resignation does not automatically prevent the organisation from continuing an investigation, disciplinary process, safeguarding enquiry or regulatory review. Human Resources and the relevant senior manager will decide whether and how the process should continue, taking account of:

• the seriousness of the allegations;
• risks to people using services or other staff;
• safeguarding duties;
• the need to establish facts and preserve evidence;
• potential referral duties;
• the employee’s ability to participate fairly;
• whether an outcome can reasonably be reached before or after employment ends; and
• the public interest and organisational governance requirements.

The employee must be told whether the process will continue and must be given a reasonable opportunity to respond to allegations and evidence.

Where the employee leaves before the process concludes, the organisation may record that the employee resigned while an investigation or disciplinary process was pending. It must not record that allegations were proven unless a fair process has supported that conclusion.

The organisation will consider whether a referral or notification is required to:

• the Disclosure and Barring Service;
• the local authority safeguarding team;
• the Care Quality Commission;
• the police;
• a professional regulator;
• a commissioner; or
• another legally entitled body.

Final pay will be processed in accordance with Section 7. No deduction will be made solely because an investigation or disciplinary process is outstanding.

10. Request to Withdraw a Resignation

A resignation cannot normally be withdrawn unilaterally once it has been clearly given, but the employee may ask the organisation to agree to its withdrawal. The request should be made in writing as soon as possible.

The organisation will consider the request fairly and promptly, taking account of:

• whether the original resignation was clear and genuinely intended;
• whether it was given impulsively, during distress or in ambiguous circumstances;
• how soon the withdrawal was requested;
• whether recruitment or other binding arrangements have already been made;
• workforce and service-delivery needs;
• consistency with previous decisions; and
• any equality, disability, pregnancy, mental-health or other relevant considerations.

The decision and reasons will be confirmed in writing. Human Resources advice must be obtained before refusing a withdrawal where the original resignation may have been ambiguous, impulsive or connected with a protected characteristic or workplace complaint.

11. Retirement and Mutual Termination

11.1 Retirement

Retirement is normally an employee-initiated resignation associated with accessing pension benefits or leaving work. There is no general compulsory retirement age for most roles. The organisation will not assume that an employee intends to retire because of their age.

An employee who wishes to retire must give the notice required by their contract. The organisation may invite employees to discuss future working plans, but discussions must be handled sensitively, consistently and without pressure or age discrimination.

Where operationally practicable, the organisation may consider:

• phased retirement;
• flexible working;
• reduced hours;
• a change of role; or
• another mutually agreed arrangement.

Any change must be confirmed in writing. Employees should obtain independent pension or financial advice where appropriate.

11.2 Termination by Mutual Agreement

Employment may end by genuine mutual agreement where both the organisation and employee freely agree the terms. Any such agreement must be recorded in writing and must specify the termination date, payments, holiday treatment, return of property, confidentiality and any other agreed terms.

A settlement agreement will be valid only where the statutory requirements for a settlement agreement are met, including the employee receiving advice from an appropriate independent adviser.

Redundancy, capability, ill-health dismissal, misconduct dismissal and the expiry of a fixed-term contract must be managed under the relevant separate procedure. They must not be recorded as a resignation or mutual termination unless that description accurately reflects a freely agreed arrangement.

12. Managing Staffing Risks and Continuity of Care

The registered manager must ensure that a resignation does not result in unsafe or unreliable care. The following controls will be applied where relevant:

• Complete and document a staffing and service-impact risk assessment.
• Review every affected rota and care package.
• Check that travel time, visit duration and breaks remain realistic.
• Prioritise continuity for people whose needs make changes particularly distressing or unsafe.
• Confirm that replacement staff have appropriate recruitment checks, induction, training, competency and access to current care information.
• Ensure that agency staff receive a service-specific and person-specific briefing.
• Review medicines, moving and handling, delegated healthcare tasks, safeguarding and lone-working competence.
• Inform people using the service and their representatives of material changes in accordance with their communication needs, while protecting the departing employee’s privacy.
• Record missed, late, shortened or rearranged visits and take prompt remedial action.
• Notify commissioners, safeguarding bodies or CQC where a notification or contractual report is required.
• Suspend new care packages or reduce non-essential commitments where safe staffing cannot otherwise be maintained.
• Escalate unresolved staffing risks to the provider or nominated individual.

Temporary or agency cover must not be used without the required identity, right-to-work, employment-history, reference, Disclosure and Barring Service and competency checks applicable to the role. Deployment decisions must be based on competence and service-user need, not simply availability.

The registered manager must monitor the effectiveness of the plan until the vacancy has been filled and the replacement worker has completed the necessary induction and competency assessment.

13. Exit Interviews and Feedback

All resigning employees will normally be offered an exit interview or an opportunity to provide written feedback. Participation is voluntary, and declining to participate will not affect final pay, references or other entitlements.

This confidential discussion allows the company to:

1. Understand the employee’s reasons for leaving.
2. Identify areas for improvement in the workplace.
3. Discuss the employee’s experience with the organisation.
4. Address any unresolved concerns.

Feedback will be anonymised where reasonably practicable before it is used for organisational learning. Complete anonymity cannot be guaranteed where the information identifies a safeguarding concern, criminal conduct, serious misconduct, discrimination, a data breach or another matter that the organisation is required to investigate, report or act upon.

Themes from exit feedback will be reviewed through the organisation’s governance arrangements, including workforce trends, turnover, reasons for leaving, management concerns, equality issues, training needs and risks to continuity of care. Actions and outcomes will be documented.

14. Policy Compliance and Breach Management

Failure to comply with this policy may result in:

1. Failure to Work Notice: Where an employee leaves without working the required notice and without agreement, the organisation may treat this as a potential breach of contract. The employee will still be paid all sums lawfully due. The organisation may consider recovering a demonstrable financial loss through an appropriate legal route but will not impose an automatic penalty or forfeiture of wages or benefits.
2. Unreturned Property: The organisation will request the return of its property and may consider lawful recovery action. A deduction from pay will be made only where it is legally authorised and reasonably calculated.
3. Confidentiality or Information-Security Breach: Suspected breaches will be assessed under the relevant disciplinary, information governance, safeguarding and data breach procedures. Regulatory notification, referral or legal action will be considered where proportionate and lawful.
4. Management Non-compliance: A manager’s failure to acknowledge a resignation, make safe staffing arrangements, protect records, make required CQC notifications or process final pay lawfully may be investigated under the organisation’s management accountability or disciplinary procedures.

Line managers will monitor adherence to this policy and address breaches promptly.

15. References and Regulatory Disclosures

Employment references will be provided in accordance with the organisation’s reference policy. References must be accurate, fair, not misleading and based on documented facts.

A reference may confirm dates of employment, role and other information authorised by the organisation. Where the organisation provides more detailed information, it must take reasonable care to ensure that the information is supportable.

The organisation will not agree to conceal information where disclosure or referral is required by law, safeguarding duties, CQC requirements, the Disclosure and Barring Service, a professional regulator or another competent authority.

No employee may provide an organisational reference unless authorised to do so.

16. Roles and Responsibilities

Employees must:

• provide clear notice in accordance with their contract;
• continue to perform their duties safely and professionally;
• complete required records and handover actions;
• report outstanding risks immediately;
• return organisational property; and
• maintain confidentiality.

Line managers must:

• acknowledge and escalate the resignation promptly;
• obtain Human Resources advice where required;
• complete the staffing and service-impact risk assessment;
• arrange safe handover and records completion;
• ensure that final shifts and access arrangements are clear; and
• monitor continuity of care.

The registered manager must:

• maintain safe staffing and competent deployment;
• oversee risks to people using the service;
• ensure that relevant incidents and service disruptions are reported;
• maintain governance records; and
• escalate risks to the provider or nominated individual.

The provider or nominated individual must:

• oversee any registered-manager transition;
• ensure required CQC notifications and applications are completed;
• ensure suitable interim leadership;
• monitor compliance with registration conditions; and
• maintain provider-level assurance.

Human Resources and payroll must:

• verify the contractual notice period;
• confirm the termination date and notice arrangements;
• ensure deductions are lawful;
• calculate final pay and holiday accurately;
• produce leaving documentation; and
• retain appropriate employment records.

Where the organisation does not have a separate Human Resources department, the provider must name the person or external adviser responsible for these functions.

17. Review and Approval

This policy will be reviewed at least annually and sooner where required following a change in legislation, CQC regulation or guidance, case law, contractual arrangements, service delivery, registration status or organisational structure.

The review will consider:

• resignation and turnover data;
• reasons for leaving;
• breaches of notice requirements;
• final-pay disputes;
• unlawful-deduction concerns;
• exit-interview themes;
• missed or disrupted care associated with staffing changes;
• CQC notifications and registered-manager changes;
• equality impacts;
• safeguarding or whistleblowing themes; and
• lessons from complaints, incidents, audits and regulatory feedback.

Material changes affecting contractual rights will not be imposed solely by publishing a revised policy. Where a contractual variation is proposed, the organisation will follow an appropriate consultation and agreement process.

Any updates will be communicated to all staff, and additional training will be provided if necessary.

18. Related Legislation, Regulations and Guidance

This policy should be read with the current versions of:

Reference Policy.

Employment Rights Act 1996;

Working Time Regulations 1998;

Equality Act 2010;

Data Protection Act 2018 and UK General Data Protection Regulation;

Health and Social Care Act 2008;

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014;

Care Quality Commission (Registration) Regulations 2009;

CQC guidance on Regulations 12, 17, 18 and 19;

CQC notification guidance;

ACAS guidance on resignation, notice periods, final pay and retirement;

the employee’s contract of employment;

Annual Leave Policy;

Disciplinary Policy;

Safeguarding Policy;

Whistleblowing Policy;

Data Protection and Confidentiality Policy;

Records Management Policy;

Recruitment Policy;

Business Continuity Plan;

Staffing and Workforce Planning Policy; and

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