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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Employee Notice Periods and Resignation Policy

1. Purpose

The purpose of this policy is to establish a clear and structured process for managing employee resignations and notice periods at {{org_field_name}}, ensuring a smooth transition that minimises disruption to service delivery and maintains care quality.

This policy ensures that:

• Employees understand their rights and responsibilities when resigning.
• Notice periods comply with employment law and contractual obligations.
• The care home has sufficient time to recruit and arrange handovers, ensuring continuity of care for people we support.
• The resignation process is handled professionally, respectfully, and in compliance with CQC regulations.

2. Scope

This policy applies to:

• All employees directly employed by {{org_field_name}}, including full-time, part-time, permanent, fixed-term and temporary employees.
• Line managers, HR personnel and senior managers responsible for receiving resignations, managing notice periods, maintaining safe staffing arrangements and completing employment termination processes.
• Agency workers and other supplied workers only to the extent that {{org_field_name}} is responsible for safe staffing, handover, safeguarding, access to information or company property. Their contractual notice and termination arrangements remain governed by their employment business, agency or other contractual arrangements unless they are also directly employed by {{org_field_name}}.

Nothing in this policy changes an individual’s legal employment status or overrides an individual’s contract of employment, written statement of employment particulars or statutory employment rights.

3. Legal and Regulatory Compliance

This policy will be implemented in accordance with the legislation and regulatory requirements applicable to care homes in England, including:

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, as amended:
  • Regulation 17 – Good governance: {{org_field_name}} must maintain effective systems and processes to assess, monitor and improve the quality and safety of services, manage risks and maintain appropriate records relating to staff and the management of the regulated activity.
  • Regulation 18 – Staffing: sufficient numbers of suitably qualified, competent, skilled and experienced staff must be deployed to meet the needs of people using the service. The departure of an employee must therefore be assessed and managed so that safe staffing and continuity of care are maintained.
  • Regulation 19 – Fit and proper persons employed: where information arising during or following an employee’s departure indicates that they no longer satisfy the applicable fitness requirements, {{org_field_name}} will take any action required by Regulation 19, including informing the relevant health or social care professional regulator where Regulation 19 requires this.
• Care Quality Commission (Registration) Regulations 2009, as amended:
  • Regulation 15 – Notice of changes: the registered person must notify the Care Quality Commission in writing, as soon as it is reasonably practicable to do so, where a person begins or ceases to carry on or manage the regulated activity, or where another change specified by Regulation 15 occurs.
• Employment Rights Act 1996, as amended: including statutory requirements relating to notice, wages, written employment particulars and termination of employment.
• Working Time Regulations 1998, as amended: including requirements relating to accrued statutory annual leave and payment for statutory leave remaining untaken when employment terminates.
• Equality Act 2010: resignations, notice arrangements and termination processes will be managed without unlawful discrimination, harassment or victimisation and with reasonable adjustments considered where required.
• Safeguarding Vulnerable Groups Act 2006, as amended: where {{org_field_name}} is a regulated activity provider and the statutory referral conditions are met, a referral will be made to the Disclosure and Barring Service. This duty may continue to apply where a person resigns, retires or otherwise leaves before the organisation completes its employment process.
• UK General Data Protection Regulation and Data Protection Act 2018, as amended: personal information generated through resignation, termination, disciplinary, safeguarding and referral processes will be processed lawfully, fairly, securely and only for appropriate purposes.

Nothing in this policy prevents {{org_field_name}} from making a disclosure, notification or referral required by law, CQC registration requirements, safeguarding legislation or the requirements of a relevant professional regulator.

4. Employee Resignation Process

4.1. Employee Responsibilities When Resigning

An employee who wishes to resign must communicate clearly to {{org_field_name}} that they are resigning and must provide the notice required by their contract of employment or written statement of employment particulars.

Where the employee’s contract or written statement requires notice of resignation to be given in writing, the employee must provide written notice to the person or department specified in those terms. Where written notice is not contractually required, employees are nevertheless encouraged to provide their resignation in writing so that there is a clear record of the resignation, the date on which notice was given and the intended final day of employment.

Unless a lawful exception applies or a different arrangement is agreed with {{org_field_name}}, an employee who has been continuously employed for at least one month must provide at least the statutory minimum notice of one week or any longer notice period required by their contract.

During their notice period, employees remain subject to their contract of employment and the policies and procedures of {{org_field_name}}. Employees are expected to:

• Continue to perform their duties safely, professionally and in accordance with care plans, policies and regulatory requirements.
• Cooperate with reasonable arrangements for the handover of their responsibilities.
• Complete records and outstanding work for which they remain responsible.
• Protect confidential, personal and sensitive information.
• Return company property, including uniforms, identification badges, keys, equipment, records and IT devices, as instructed by {{org_field_name}}.
• Continue to comply with safeguarding, professional and regulatory obligations until their employment ends.

An employee who wishes to leave before the end of their notice period must request agreement from {{org_field_name}}. Any agreement to shorten or waive notice should be recorded in writing.

4.2. Notice Period Requirements

The notice period that an employee is required to give when resigning is the period stated in their contract of employment or written statement of employment particulars, subject to applicable statutory requirements.

Where the following notice periods form part of the employee’s contractual terms, the applicable periods are:

• Care Assistants, Support Workers and Non-Senior Staff: 1 month.
• Senior Care Staff and Team Leaders: 6 weeks.
• Registered Nurses and Clinical Leads: 8 weeks.
• Managers and Senior Leadership: 12 weeks.

If an individual employee’s contract specifies a different notice period, the contractual provision applicable to that employee will be followed, subject to statutory minimum requirements.

Where an employee has been continuously employed for at least one month, the statutory minimum notice normally required from an employee who resigns is one week. A contractual notice period may lawfully require a longer period.

If an employee leaves without working the required notice and {{org_field_name}} has not agreed to an earlier termination date, this may amount to a breach of contract. {{org_field_name}} may consider the contractual and legal remedies available to it.

{{org_field_name}} will not make a deduction from wages or final salary merely because an employee has failed to work their full notice period unless the deduction is permitted by law, authorised by an applicable contractual term or otherwise authorised in writing by the employee.

Where a lawful contractual deduction provision applies, only the amount properly recoverable under that provision will be deducted. The employee will receive written information explaining any deduction.

An employee who leaves before completing their notice will remain entitled to payment for work actually performed and to any other sums required by law, including payment for accrued but untaken statutory annual leave at the termination of employment.

4.3. Early Exit Requests and Garden Leave

An employee may ask to leave before the expiry of their contractual notice period. {{org_field_name}} will consider the request having regard to safe staffing, continuity of care, handover requirements and operational needs.

Any agreement to shorten or waive the employee’s notice period must be confirmed in writing and should state the agreed final date of employment and the effect of the arrangement on pay, annual leave and any other relevant contractual benefits.

Where the employee’s contract gives {{org_field_name}} the right to place the employee on garden leave, {{org_field_name}} may exercise that right in accordance with the contract. Where there is no contractual right to require garden leave, garden leave will only be used with the employee’s agreement.

During garden leave:

• The employee remains employed by {{org_field_name}} until the termination date.
• The employee will receive the pay and contractual benefits to which they are entitled during the garden leave period.
• The employee may be instructed not to attend the care home, contact people using the service on behalf of the organisation, undertake work duties or access specified premises, records, systems or confidential information.
• The employee remains bound by their continuing contractual duties, including confidentiality and any lawful restrictions that apply during employment.
• {{org_field_name}} will take appropriate steps to protect confidential information, personal data and the security of its systems.

Payment in lieu of notice will only be made or imposed where permitted by the employee’s contract or where a lawful agreement has been reached with the employee. Any payment will be calculated in accordance with the employee’s contractual and statutory entitlements.

4.4. Notice Period for Probationary Staff

Employees who are within their probationary period must give the notice specified in their contract of employment or written statement of employment particulars.

Where the following probationary notice periods form part of the employee’s contractual terms, they are:

• Roles below senior management: 1 week’s notice.
• Managerial positions: 4 weeks’ notice.

If the employee’s individual contract specifies a different notice period, the contractual term applicable to that employee will be followed, subject to statutory requirements.

Where {{org_field_name}} terminates an employee’s employment during probation, the employee will receive the notice required by their contract or the applicable statutory minimum notice, whichever gives the employee the greater entitlement, unless there is a lawful basis for summary dismissal without notice.

An employee who has been continuously employed for less than one month is not generally entitled to statutory minimum notice of dismissal, although any contractual entitlement to notice will still apply.

Nothing in this section removes the requirement to follow applicable equality, whistleblowing, family leave, health and safety or other statutory protections when deciding whether to terminate employment during probation.

5. Employer Responsibilities Upon Resignation

5.1. Acknowledging and Managing Resignations

Upon receiving a resignation, managers must:

• Acknowledge the resignation in writing, confirming:
  • The final working date.
  • Any outstanding holiday leave or deductions.
  • Instructions for the return of company property.
• Conduct an exit interview, allowing the employee to provide feedback.
• Notify HR, ensuring payroll adjustments and record updates.
• Arrange a handover period, ensuring a smooth transition.

5.2. Handovers, Staffing Continuity and CQC Registration Changes

When an employee resigns or otherwise leaves employment, the manager must assess the effect of the departure on staffing, competence, continuity of care and the safe delivery of the regulated activity.

{{org_field_name}} must continue to ensure that sufficient numbers of suitably qualified, competent, skilled and experienced staff are deployed to meet the needs of people using the service in accordance with Regulation 18 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Managers must:

• Identify any immediate or foreseeable staffing risk resulting from the employee’s departure.
• Put proportionate cover or contingency arrangements in place where required.
• Ensure that staff used to provide cover have the competence, qualifications, skills and experience required for the work allocated to them.
• Arrange an appropriate handover of responsibilities, records, medicines-related responsibilities, clinical duties, safeguarding matters and other outstanding work relevant to the departing employee’s role.
• Commence recruitment or other longer-term staffing arrangements where required to maintain safe staffing.

Where the departing person is a registered manager, registered provider, nominated individual or another person whose departure constitutes a notifiable change under the Care Quality Commission (Registration) Regulations 2009, the registered person must ensure that the appropriate notification is made to CQC in writing as soon as it is reasonably practicable.

The current CQC form or notification process must be used where CQC requires this.

Where a registered manager is leaving, the provider and registered manager must also ensure that any required application to cancel, vary or otherwise change the manager’s CQC registration is completed using the applicable CQC process.

Where the provider’s registration is subject to a condition requiring a registered manager, the provider must take appropriate action to appoint and secure registration of a suitable replacement and must manage the interim arrangements so that the requirements of its CQC registration continue to be met.

Where the change affects the service’s Statement of Purpose, the Statement of Purpose must also be reviewed and amended in accordance with the applicable CQC requirements.

5.3. Final Salary, Annual Leave and Leaving Documentation

Employees will be paid all wages properly due to them up to the termination of their employment, subject only to deductions that are permitted by law.

Where an employee has accrued statutory annual leave that remains untaken when employment terminates, {{org_field_name}} will make payment in lieu of that untaken statutory holiday entitlement in accordance with the Working Time Regulations 1998.

Where annual leave is taken during the notice period, the employee will receive the holiday pay to which they are entitled. Annual leave during notice will be agreed or required in accordance with the employee’s contractual terms and applicable statutory requirements.

Where an employee has taken more annual leave than they had accrued by their termination date, {{org_field_name}} will only deduct the value of excess leave from final wages where the deduction is authorised by the employee’s contract or has otherwise been agreed in writing in advance.

Any other deduction from final wages will only be made where:

• It is required or authorised by legislation;
• It is permitted by a relevant provision of the employee’s contract; or
• The employee has previously given valid written consent to the deduction.

The employee will be given written information showing how their final pay has been calculated and identifying any payment or deduction made.

Final pay will normally be made on the employee’s usual payroll date unless another lawful arrangement applies.

{{org_field_name}} will provide the employee with a P45 following the end of their employment in accordance with HM Revenue and Customs requirements.

6. Exit Interviews and Feedback

6.1. Purpose of Exit Interviews

Exit interviews are voluntary but encouraged, allowing {{org_field_name}} to:

• Identify reasons for staff turnover.
• Improve workplace conditions and employee retention.
• Understand employee satisfaction and concerns.

6.2. Exit Interview Process

HR or a neutral manager conducts the exit interview, covering:

• Reasons for leaving.
• Workplace culture and management feedback.
• Suggestions for improvement.
• Future career plans and willingness to return (if applicable).

Exit interview data is used for continuous improvement but remains confidential.

7. Exceptional Circumstances

7.1. Resignation Due to Ill Health or Personal Circumstances

If an employee resigns due to ill health, the organisation will:

• Offer alternative roles or adjustments, if possible.
• Ensure compassionate handling of their departure.
• Signpost to support services, such as occupational health or counselling.

7.2. Summary Dismissal and Resignations During Disciplinary or Safeguarding Processes

An employee’s resignation does not automatically bring an ongoing disciplinary, safeguarding or fact-finding process to an immediate end.

Where an employee resigns while an investigation is ongoing, {{org_field_name}} will consider whether the investigation needs to continue, particularly where the allegations concern:

• Abuse, neglect or exploitation;
• Harm or risk of harm to a person using the service;
• Unsafe clinical or care practice;
• Theft, fraud or financial abuse;
• Serious breaches of professional standards;
• Conduct that may require notification or referral to CQC, the Disclosure and Barring Service, a local authority safeguarding team, the police or a professional regulator.

The fact that an employee resigns, retires, leaves without notice or otherwise ceases employment will not be used as a reason to avoid completing an investigation where sufficient investigation is required to determine whether a statutory safeguarding or referral duty has arisen.

Dismissal without notice or payment in lieu of notice will only take place where {{org_field_name}} has a lawful basis for summary dismissal, including where gross misconduct has been established following an appropriate process.

Where employment is terminated for a reason that does not lawfully justify summary dismissal, the employee will receive the applicable contractual or statutory notice entitlement or payment in lieu where lawfully permitted.

All wages, accrued statutory holiday pay and any other sums legally due on termination will remain payable notwithstanding a summary dismissal, subject to any deductions lawfully permitted.

7.3. Mandatory Safeguarding and Professional Referrals

Where {{org_field_name}} is a regulated activity provider for the purposes of the Safeguarding Vulnerable Groups Act 2006, it will assess whether it has a legal duty to refer a current or former worker to the Disclosure and Barring Service.

A DBS referral must be made where the statutory referral conditions are satisfied. This includes circumstances in which {{org_field_name}} has removed a person from regulated activity, or would or might have removed the person from regulated activity had the person not resigned, retired, been redeployed or otherwise left, and the applicable statutory safeguarding condition is met.

The organisation will therefore not treat an employee’s resignation as bringing its DBS referral responsibilities to an end.

Where allegations arise, {{org_field_name}} will carry out sufficient investigation and evidence gathering, in accordance with its safeguarding and disciplinary procedures, to establish whether the legal referral criteria are met.

Where the legal duty to refer applies, the referral must be made even if information has also been provided to another body, including:

• The local authority safeguarding team;
• CQC;
• The police; or
• A professional regulator.

Where a departing employee is a healthcare professional, social worker or another professional registered with a health or social care regulator and the circumstances engage Regulation 19(5) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, {{org_field_name}} will inform the relevant regulator as required.

Depending on the circumstances and the employee’s profession, this may include referral or notification to bodies such as the Nursing and Midwifery Council or another applicable statutory professional regulator.

All referrals and notifications will be appropriately documented, and information will be shared in accordance with the applicable legal basis, safeguarding requirements, UK GDPR and the Data Protection Act 2018.

8. References, Statutory Disclosures and Rehire Eligibility

Where {{org_field_name}} provides an employment reference, the information provided must be fair, accurate and not misleading.

The organisation’s normal reference may be limited to factual employment information, such as:

• The employee’s job title;
• Their dates of employment; and
• Other factual information authorised by the organisation’s reference procedure.

Nothing in this section prevents or restricts {{org_field_name}} from providing information where disclosure, notification or referral is required or authorised by law.

In particular, the organisation’s reference procedure does not replace or restrict any obligation to make an appropriate disclosure, notification or referral to:

• The Disclosure and Barring Service;
• The Care Quality Commission;
• A local authority safeguarding team;
• The police;
• A statutory professional regulator; or
• Another body where disclosure is required by law.

Where information about conduct or safeguarding concerns is included in a reference or other lawful disclosure, {{org_field_name}} will ensure that the information provided is accurate, supportable and handled in accordance with data protection and confidentiality requirements.

Eligibility for future re-employment will be considered on the facts of the individual case and subject to the organisation’s recruitment, safeguarding, fitness, DBS and regulatory requirements.

A previous resignation will not, by itself, determine eligibility for future employment. Where the individual was subject to substantiated misconduct, safeguarding findings or regulatory concerns, those matters may be taken into account in accordance with law and the organisation’s recruitment procedures.

9. Monitoring and Compliance

• Quarterly HR audits assess compliance with notice period procedures.
• Exit interview trends are reviewed to identify improvements in staff retention.
• CQC audits ensure staffing levels are maintained despite employee departures.

10. Related Policies

This policy should be read alongside:

• CH18 – Risk Management and Assessment Policy​.
• CH27 – Staff Supervision, Training, and Development Policy​.
• CH28 – Staff Conduct and Code of Ethics Policy​.
• CH34 – Confidentiality and Data Protection (GDPR) Policy​.
• CH16 – Health and Safety at Work Policy​.

11. Policy Review

This policy is reviewed annually, or sooner if changes in legislation or operational needs occur

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.