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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 aligns with employment legislation, including the Employment Rights Act 1996, and reflects our commitment to fair, transparent, and respectful employment practices.

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

This policy applies to all employees, including full-time, part-time, fixed-term, and zero-hour contract workers. It covers resignations initiated by employees, mutual terminations, and retirements.

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: Notice periods are designed to ensure that service users receive uninterrupted, high-quality care during staff transitions.
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.

4. Employee Responsibilities

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

4.1 Written Resignation:

• Employees must submit a written resignation letter to their line manager, specifying:
  • The intended last working day.
  • The reason for resignation (optional).
• Resignations submitted verbally will not be accepted unless followed by written confirmation.

4.2 Notice Period:

• Employees must provide the required notice period based on their role and contract type (see Section 5).
• The notice period begins from the date the written resignation is received.

4.3 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.

4.4 Handover and Documentation:

• Employees must provide a comprehensive handover, including:
  • Up-to-date service user records.
  • Care plans and notes.
  • Administrative documents and reports.
• Handover meetings will be scheduled with line managers and replacement staff.

4.5 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.

5. Notice Period Requirements

Notice periods vary depending on the employee’s role, length of service, and contract type. The standard notice periods are as follows:

Role/Employment Type	Notice Period
Probationary Period	1 week
Care Workers (after probation)	2 weeks
Senior Care Workers	4 weeks
Administrative Staff	4 weeks
Registered Managers	12 weeks
Zero-Hour Contracts	1 week

5.1 Probationary Period:
Employees within their probationary period must provide 1 week’s notice if they wish to resign. The company may also terminate employment with 1 week’s notice during this period.

5.2 Standard Notice:
After the probationary period, employees are required to provide 2 to 4 weeks’ notice, depending on their role. This allows for proper handover and staffing adjustments.

5.3 Senior Roles:
Registered Managers and senior staff are required to provide 12 weeks’ notice, reflecting the complexity of their roles and the need for an extended handover period.

5.4 Mutual Agreement:
In exceptional cases, a shorter or longer notice period may be agreed upon by mutual consent, provided it does not compromise service delivery.

6. Company Responsibilities

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

6.1 Acknowledge Resignation:

• HR will issue a written acknowledgment of the resignation within 3 working days, confirming:
  • The employee’s last working day.
  • Final pay, including any outstanding holiday entitlement.
  • Arrangements for the handover and exit process.

6.2 Staffing and Service Planning:

• Line managers will adjust staff schedules to ensure continuity of care.
• Temporary cover may be arranged through agency staff or internal redeployment.
• Recruitment for replacement staff will begin promptly.

6.3 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 supervision meeting will be held to discuss any outstanding matters.

6.4 Exit Interview:

• HR will conduct an exit interview to understand the employee’s reasons for leaving and gather feedback for continuous improvement.
• 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:

• Employees will receive their final salary on the next scheduled payday after their last working day.
• Final pay will include:
  • Basic salary for the notice period worked.
  • Payment for any accrued but untaken annual leave.
  • Deductions for any outstanding loans or unreturned company property.

7.2 Holiday Entitlement:

• Any outstanding holiday entitlement will be calculated based on the employee’s accrual up to the last working day.
• Employees who have taken more annual leave than accrued may have the excess deducted from their final pay.

7.3 Pension Contributions:

• Pension contributions will continue until the final salary payment.
• Employees will receive details from the pension provider about options for transferring or maintaining their pension.

7.4 Outstanding Expenses:

• Any outstanding expense claims must be submitted before the final working day.

8. Confidentiality and Data Protection

All employees are bound by confidentiality agreements and data protection regulations during and after employment. Upon resignation:

• Data Handling: Employees must ensure that all service user information, care records, and company documents are securely returned or deleted.
• Non-Disclosure: Employees must not disclose confidential information about the company, service users, or colleagues after leaving employment.
• IT and System Access: HR and the IT team will revoke system access on the employee’s last working day.

Failure to comply with confidentiality requirements may result in legal action under the Data Protection Act 2018 and GDPR.

9. Resignation During Disciplinary Proceedings

If an employee resigns while under investigation for misconduct or poor performance:

1. Resignation Not Accepted as Dismissal: Resignation does not cancel ongoing disciplinary proceedings.
2. Final Pay: Final salary and entitlements will be processed as usual, unless deductions are warranted (e.g., for unreturned property).
3. Record Keeping: HR will maintain records of the disciplinary process, even if the employee leaves before the outcome.

10. Withdrawing Resignation

Employees who wish to withdraw their resignation must submit a written request to their line manager within 7 days of resignation. The company will consider the request based on operational needs but is not obligated to accept withdrawal.

11. Retirement and Mutual Termination

11.1 Retirement:
Employees approaching retirement should provide at least 3 months’ notice, allowing time for workforce planning and smooth handover. The company will support employees transitioning into retirement, including:

• Guidance on pension options.
• Opportunities for flexible or phased retirement, where applicable.

11.2 Mutual Termination:
In some cases, employment may end by mutual agreement without formal resignation. This may occur due to:

• Redundancy.
• Health-related inability to continue working.
• Organisational changes.

In such cases, HR will facilitate a fair and transparent process, ensuring the employee’s rights are protected.

12. Managing Staff Shortages During Notice Periods

To ensure continuity of care during an employee’s notice period:

1. Workforce Planning: Line managers will review staffing levels and adjust rotas as needed.
2. Temporary Cover: If necessary, temporary staff will be recruited to cover shifts.
3. Staff Communication: Service users and colleagues will be informed of changes to care schedules.
4. Onboarding Replacements: New staff will shadow outgoing employees to ensure a smooth transition.

13. Exit Interviews and Feedback

All resigning employees will be invited to an exit interview conducted by HR. 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 from exit interviews will be anonymised and used to inform retention strategies and workplace improvements.

14. Policy Compliance and Breach Management

Failure to comply with this policy may result in:

1. Unfulfilled Notice: Employees who fail to work their notice period without agreement may forfeit final pay or benefits.
2. Unreturned Property: Failure to return company property may result in deductions from final pay or legal action.
3. Confidentiality Breaches: Unauthorised disclosure of confidential information may lead to legal action.

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

15. Review and Approval

This Employee Notice Periods and Resignation Policy will be reviewed annually by the Senior Management Team to ensure compliance with employment law and industry best practices.

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

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
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