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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, including full-time, part-time, agency, and temporary staff.
• Line managers and HR teams, responsible for handling resignations and ensuring proper procedures are followed.
• Senior management, overseeing staffing levels and recruitment processes.

3. Legal and Regulatory Compliance

This policy is aligned with:

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014:
  • Regulation 18 (Staffing) – Ensures that staff departures do not affect service user care and that appropriate staffing levels are maintained​.
  • Regulation 17 (Good Governance) – Requires the care home to have effective systems to manage staff turnover​.
• Employment Rights Act 1996 – Governs employee resignation rights and notice periods.
• Equality Act 2010 – Ensures that resignations are managed fairly and without discrimination.
• General Data Protection Regulation (GDPR) & Data Protection Act 2018 – Governs the secure handling of employee records, including resignation documentation.

4. Employee Resignation Process

4.1. Employee Responsibilities When Resigning

Employees who decide to resign must:

• Submit a formal resignation letter in writing to their line manager, stating their intended last working day.
• Provide the required notice period, as per their contract (see Section 4.2).
• Remain professional and cooperative throughout their notice period.
• Complete all outstanding duties and ensure a smooth handover of responsibilities.
• Return all company property, including uniforms, ID badges, keys, and IT equipment, before their last day.

4.2. Notice Period Requirements

The minimum notice periods for resignations 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 employee fails to provide the correct notice, the organisation may:

• Adjust final salary payments accordingly.
• Decline references for future employment.
• Seek legal advice if contractual obligations are not met.

4.3. Early Exit Requests and Garden Leave

• Employees may request an early exit from their notice period, subject to management approval.
• If an employee’s continued presence could disrupt the care home’s operations, garden leave may be enforced, meaning:
  • The employee remains on payroll but does not attend work during their notice period.
  • Access to company systems is immediately revoked.

4.4. Notice Period for Probationary Staff

Employees still in their probation period must provide:

• 1 week’s notice for roles below senior management.
• 4 weeks’ notice for managerial positions.

If a probationary employee fails to meet role expectations, {{org_field_name}} may terminate employment with the required statutory notice period.

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 and Succession Planning

• Employees must document key tasks and responsibilities to assist in handovers.
• Managers must assign a temporary cover or begin recruitment immediately to fill the vacancy.
• If the departing employee holds a regulated role (e.g., Registered Manager), CQC must be notified of the change immediately.

5.3. Final Salary and Holiday Entitlement

• Employees are paid up to their last working day, with any unused accrued holiday either:
  • Paid in final wages, or
  • Used during the notice period, if operationally possible.
• Any salary deductions (e.g., for missing notice periods) will be explained in writing.

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. Immediate Dismissal or Disciplinary-Related Resignations

• If an employee resigns during an ongoing disciplinary investigation, {{org_field_name}} may proceed with the investigation and record the findings.
• If an employee is dismissed with immediate effect, no notice is given, and final pay is adjusted accordingly.

8. References and Rehire Eligibility

• References are provided upon request, but only factual information (e.g., job title and dates of employment) will be disclosed.
• If an employee left on good terms, they may be eligible for rehiring in the future.
• If an employee left due to misconduct, reemployment may be declined.

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.