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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

This policy sets out the process for employees at {{org_field_name}} who wish to resign from their position or are required to serve a notice period before leaving employment. The policy ensures that resignations are handled professionally, fairly, and in line with employment laws, minimising disruption to care home operations and ensuring continuity of care for residents.

This policy aims to:

• Ensure that all resignations are handled professionally and documented correctly.
• Set out clear notice periods based on employee roles and contracts.
• Outline the responsibilities of employees and management during the notice period.
• Provide a structured approach to exit interviews and handovers.
• Comply with CIW regulations and UK employment law.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time and part-time employees and employees working under fixed-term or other employment contracts.

The statutory and contractual notice provisions within this policy apply to employees of {{org_field_name}}. They do not automatically apply to agency workers, self-employed contractors or other persons engaged under a contract for services. The ending of an agency or contractual arrangement will be managed in accordance with the relevant agency agreement, contract for services and applicable law.

This policy also applies to:

• line managers and senior managers responsible for receiving and managing employee resignations;
• the Responsible Individual, where their regulatory responsibilities are engaged by the resignation or departure of a member of staff;
• HR personnel responsible for employment records, final payments and legal compliance; and
• other persons responsible for ensuring that staffing, safeguarding, regulatory notification or professional referral requirements arising from an employee’s departure are met.

3. Related Policies

This policy aligns with:

• Staff Supervision, Training, and Development Policy (CHW27)​.
• Recruitment, Selection, and Retention Policy (CHW26)​.
• Confidentiality and Data Protection (GDPR) Policy (CHW34)​.
• Emergency and Business Continuity Plan (CHW19)​.

4. Employee Resignation Process

An employee who wishes to resign must give the notice required by their contract of employment, subject to the statutory minimum notice requirements that apply to employees.

Where the employee’s contract requires notice of resignation to be given in writing, the employee must submit written notice to their line manager or HR. Written notice should clearly state the employee’s intention to resign and, where possible, their proposed last day of employment.

Where there is no contractual requirement for notice to be given in writing, a resignation may be communicated verbally. Where a resignation is given verbally, management will make a contemporaneous written record of the resignation and will write to the employee to confirm the organisation’s understanding of the resignation, the date notice was received and the expected termination date.

Management must acknowledge a resignation in writing as soon as reasonably practicable. The acknowledgement should confirm:

• the date on which the resignation was received;
• the applicable notice period;
• the employee’s expected last day of employment;
• any agreed annual leave, garden leave or payment in lieu of notice arrangements;
• arrangements for handover and return of company property; and
• arrangements for final salary, accrued holiday entitlement and the P45.

During the notice period, the employee is expected to continue to perform their contractual duties unless an alternative arrangement has been lawfully agreed or implemented.

4.1. Methods of Resignation

Where written notice is required by the employee’s contract, acceptable methods include:

• a signed letter delivered to the employee’s line manager or HR; or
• an email sent to the employee’s line manager or HR from an address which reasonably identifies the employee.

Where the employment contract does not require written notice, a clear verbal resignation may be effective. Management must not assume that an ambiguous statement, unexplained absence or statement made in circumstances where the employee’s intention is genuinely unclear constitutes a resignation. Where there is reasonable doubt about an employee’s intention, management must seek clarification before treating the employment as having ended by resignation.

5. Notice Periods for Employees

Employees must give the notice required by their contract of employment, provided that the contractual requirement is consistent with applicable employment law.

5.1. Statutory Minimum Notice When an Employee Resigns

Under section 86 of the Employment Rights Act 1996, an employee who has been continuously employed for at least one month must give their employer at least one week’s notice when resigning, unless their contract requires a longer period.

An employee who has been continuously employed for less than one month is not subject to this statutory minimum employee notice requirement, although a contractual notice requirement may apply.

The statutory notice an employee must give when resigning must not be confused with the statutory notice an employer is required to give when terminating an employee’s employment. The longer statutory periods based on completed years of service apply to notice given by an employer and do not determine an employee’s statutory resignation notice.

Where the employee’s contract requires a longer notice period than the statutory minimum, the contractual notice period applies.

5.2. Contractual Notice Periods at {{org_field_name}}

Where the following notice periods are incorporated into the individual employee’s contract of employment, the applicable contractual notice periods are:

• Care Assistants and Support Staff: 4 weeks’ notice.
• Senior Care Assistants and Team Leaders: 6 weeks’ notice.
• Registered Nurses: 8 weeks’ notice.
• Management and Senior Leadership: 12 weeks’ notice.

The employee’s individual contract of employment must be checked whenever a resignation is received. Where the contract specifies a different notice period, the contractual provision applicable to that employee will be followed, subject to applicable law.

Any agreement to shorten or waive part of an employee’s contractual notice period must be confirmed in writing.

6. Working During the Notice Period

6.1. Responsibilities of the Employee

During their notice period, employees must:

• Continue to fulfil their duties professionally.
• Provide a handover of key tasks and resident information.
• Return all company property (keys, uniforms, ID badges, mobile devices).
• Maintain confidentiality of sensitive information.

6.2. Management Responsibilities

On receiving a resignation, management must:

• confirm the applicable notice period and expected termination date;
• assess without delay whether the employee’s departure affects the service’s ability to maintain sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff;
• review staffing levels and skill mix and put appropriate cover or recruitment arrangements in place so that continuity and safety of care are maintained;
• ensure that the service continues to operate in accordance with its Statement of Purpose and the applicable regulatory staffing requirements;
• identify and arrange an appropriate handover of duties and information before the employee leaves, ensuring that confidential information is transferred securely and only to authorised persons;
• ensure that the employee returns company property and that access to systems, records, medication systems, premises and confidential information is withdrawn at the appropriate time;
• arrange an exit interview where appropriate;
• notify payroll of the termination date and ensure that final pay and accrued holiday entitlement are calculated correctly;
• ensure that the employee’s personnel record records the date on which their employment ceases; and
• consider whether the employee’s departure gives rise to any safeguarding, CIW, Disclosure and Barring Service, Social Care Wales, Nursing and Midwifery Council or other professional or regulatory notification or referral requirement.

Where the employee is the appointed manager, the Responsible Individual must ensure that appropriate management arrangements are put in place and that all notifications required by the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, are made to Care Inspectorate Wales and other relevant regulators.

7. Payment and Leave During Notice Period

Employees will normally continue to receive their contractual pay and benefits during their notice period, subject to the terms of their contract and applicable employment law.

7.1. Annual Leave During Notice and on Termination

Annual leave continues to accrue during employment, including during the notice period, in accordance with the employee’s statutory and contractual entitlement.

An employee may request to take accrued annual leave during their notice period. Such requests will be considered in accordance with the organisation’s annual leave procedure and the Working Time Regulations 1998. Management may approve or refuse requested leave in accordance with the applicable legal and contractual requirements and may, where lawful, require an employee to take annual leave by giving the required notice.

On termination of employment, the employee must be paid for any accrued but untaken statutory annual leave to which they are entitled.

Where the organisation provides contractual annual leave in excess of the statutory entitlement, payment for any unused additional contractual leave will be determined by the employee’s contract and the organisation’s applicable annual leave terms.

Where an employee has taken more annual leave than they have accrued at the termination date, a deduction from final pay will only be made where the deduction is lawfully permitted, including where the employee has previously agreed to the deduction in writing or an applicable contractual provision authorises it.

7.2. Payment in Lieu of Notice

Payment in lieu of notice, commonly referred to as PILON, may be used where:

• the employee’s contract gives {{org_field_name}} the right to terminate employment by making a payment in lieu of notice; or
• {{org_field_name}} and the employee agree to terminate employment without the employee working all or part of the notice period.

A payment in lieu of notice must be calculated in accordance with the employee’s contractual rights and applicable employment and tax law.

Where PILON is agreed or exercised under an applicable contractual provision, the termination date and the payment to be made will be confirmed to the employee in writing.

PILON must not be used merely to avoid the organisation’s obligations relating to disciplinary, safeguarding, whistleblowing or regulatory matters. Any safeguarding or professional referral obligations arising from the employee’s conduct remain applicable after employment has ended.

8. Failure to Attend Work or Leave Without Giving Required Notice

An employee who stops attending work without explanation or who indicates that they do not intend to work their required notice period must not automatically be treated as having resigned solely because they have failed to attend work.

Where an employee is absent without authorisation or explanation, management must:

1. make reasonable attempts to contact the employee using the contact details held by the organisation;
2. consider whether there is information suggesting that the employee may be unwell, at risk or otherwise unable to make contact;
3. record all attempts to establish the reason for the absence;
4. manage the absence in accordance with the organisation’s absence and disciplinary procedures, as appropriate;
5. establish, where reasonably possible, whether the employee is resigning and, if so, the date on which they intend their employment to end; and
6. take appropriate action to protect continuity of care and maintain safe staffing levels.

Where an employee clearly resigns with immediate effect or leaves before completing their contractual notice period, the organisation will confirm the employee’s stated position and termination date in writing. Failure to give or work the required contractual notice may constitute a breach of contract.

Final salary for work already performed and any payment due for accrued but untaken statutory annual leave must be processed in accordance with applicable employment law. No deduction will be made from wages or final salary merely as a penalty for failing to work notice. Any deduction must have a lawful basis, including any applicable statutory provision, contractual authority or prior written agreement.

Where there are ongoing allegations or concerns regarding misconduct, safeguarding or fitness to practise, the employee’s resignation or departure will not automatically bring the relevant investigation or regulatory process to an end.

Management must consider and, where the legal criteria are met, make any required referral or notification to:

• the local authority safeguarding team;
• Care Inspectorate Wales;
• the Disclosure and Barring Service;
• Social Care Wales;
• the Nursing and Midwifery Council or another relevant professional regulator; and
• the police or another statutory agency, where appropriate.

Where the Disclosure and Barring Service referral conditions are met, a referral must be made even where the employee resigns or otherwise leaves before the organisation is able to dismiss or remove them from regulated activity.

Where a registered social care worker leaves while a fitness-to-practise concern is outstanding, the organisation must consider its obligations to refer the matter to Social Care Wales and must provide relevant information in accordance with the applicable regulatory requirements.

The employee’s departure, the date employment ceased, relevant employment records, any disciplinary action and any regulatory or safeguarding actions taken must be appropriately recorded.

9. Exit Interviews and Feedback

All resigning employees are encouraged to attend an exit interview, conducted by HR or a senior manager. The purpose is to:

• Understand reasons for resignation (work environment, career growth, pay, etc.).
• Identify areas for improvement within the organisation.
• Provide a final opportunity for the employee to share concerns.

Feedback from exit interviews is used to:

• Improve staff retention and workplace culture.
• Address common concerns in the workforce.

10. Garden Leave

Where permitted by the employee’s contract of employment, or where otherwise agreed with the employee, {{org_field_name}} may require an employee not to attend the workplace or not to perform some or all of their normal duties during all or part of their notice period. This is referred to as garden leave.

During garden leave:

• the employee remains employed by {{org_field_name}} until the termination date;
• the employee will continue to receive the pay and contractual benefits to which they are entitled;
• the employee remains bound by their contractual obligations, including confidentiality, data protection, fidelity and any applicable restrictions;
• the employee must remain reasonably available during their normal working hours where required by the terms of the garden leave arrangement;
• the employee must not access residents’ records, organisational systems or premises unless authorised to do so; and
• arrangements for the return of organisational property and completion of any necessary handover will be confirmed by management.

Garden leave must not be used to prevent or discourage an employee from raising a safeguarding concern, whistleblowing concern or other protected disclosure.

11. Compliance, Regulatory Responsibilities and Record Keeping

{{org_field_name}} will manage resignations and employee departures in accordance with applicable employment law, the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, applicable statutory guidance and the Codes of Professional Practice published by Social Care Wales.

For every person working at the service, the records required by the Regulations must be maintained, including the dates on which the person commenced and ceased employment or engagement and any required records relating to disciplinary action or their employment.

Management must ensure that employee departures are reviewed to identify any impact on:

• safe staffing levels and staff skill mix;
• continuity of care;
• the service’s ability to operate in accordance with its Statement of Purpose;
• safeguarding arrangements;
• professional registration;
• regulatory notifications; and
• any requirement to refer a person to a professional or statutory body.

Where the person leaving is the appointed manager, the Responsible Individual must notify Care Inspectorate Wales where the appointed manager ceases, or proposes to cease, managing the service, and must comply with any associated requirements concerning interim management arrangements and the appointment of a replacement manager. Required CIW notifications must be submitted through the prescribed CIW notification arrangements.

Where an employee is registered with Social Care Wales, the organisation will ensure that its employer records are updated appropriately when the employee leaves. Any outstanding fitness-to-practise concern must be considered separately from the administrative ending of the employment record and must be referred to Social Care Wales where required.

Where an employee resigns during an investigation concerning possible abuse, neglect, harm, serious misconduct or fitness to practise, management must consider whether notification or referral is required to Care Inspectorate Wales, the local authority safeguarding team, the Disclosure and Barring Service, Social Care Wales, the Nursing and Midwifery Council, the police or another relevant professional or statutory body. The fact that the employee has resigned does not remove a statutory or regulatory obligation to make a referral or notification.

HR or the manager will monitor resignation and employee-turnover information where relevant to workforce planning and the safe operation of the service. Any pattern or staffing issue which may compromise the safety, quality or continuity of care must be escalated to the Responsible Individual and service provider and appropriate remedial action taken.

12. Policy Review

This policy will be reviewed annually or sooner if:

• CIW regulations change.
• Employment laws are updated.
• Employee feedback suggests improvements.

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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.