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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 ensure that {{org_field_name}} has a clear, fair, and consistent process for handling employee resignations and notice periods, in compliance with Care Inspectorate Wales (CIW) regulations, employment law, and best practices in workforce management. This policy aims to:

• Provide clear guidance on resignation procedures and required notice periods.
• Ensure continuity of care for service users by managing staff transitions effectively.
• Set out the employer’s expectations and employees’ obligations regarding resignations.
• Prevent disruption to service delivery by planning for staff departures in advance.
• Ensure compliance with employment legislation and contractual obligations.

2. Scope

This policy applies to:

• All employees, including care workers, administrative staff, and managers.
• The Registered Manager and Responsible Individual, responsible for ensuring compliance.
• Human Resources (HR) or personnel team, managing resignation processes.
• Service users, where staff departures impact care continuity.

3. Legal and Regulatory Framework

This policy aligns with:

• The Employment Rights Act 1996, setting legal minimum notice periods.
• The Regulation and Inspection of Social Care (Wales) Act 2016, ensuring workforce stability in social care.
• The Social Services and Well-being (Wales) Act 2014, promoting continuity of care for service users.
• The Equality Act 2010, ensuring fair treatment in resignation and notice period management.
• CIW Workforce and Employment Standards, ensuring smooth transitions and staffing consistency.
• The ACAS Code of Practice on Employee Resignations, providing best practice guidance.

4. Notice Period Requirements

4.1 Statutory and Contractual Notice Periods

Employees must provide notice in line with their employment contract, which may be longer than the statutory minimum:

• During Probationary Period: 1 week’s notice.
• Care Workers and Support Staff: 2 to 4 weeks’ notice (as per contract).
• Supervisors and Senior Care Staff: 4 to 6 weeks’ notice.
• Registered Manager and Senior Leadership: 8 to 12 weeks’ notice.

If an employee has worked for {{org_field_name}} for one month or more, they must provide at least one week’s statutory notice if not otherwise specified in their contract.

How we manage this efficiently:

• Contracts clearly state notice periods for all roles.
• Exit planning procedures ensure smooth transitions and minimal disruption.

4.2 Employer Notice Period (Termination by Employer)

If {{org_field_name}} needs to terminate employment, statutory notice periods apply:

• 1 week’s notice for employees with 1 month to 2 years of service.
• 1 week’s notice for every full year of service (up to a maximum of 12 weeks).
• Immediate dismissal may occur in cases of gross misconduct (following disciplinary procedures).

5. Resignation Procedure

5.1 How Employees Should Resign

• Employees must submit their resignation in writing, either by letter or email, to their line manager or HR.
• Verbal resignations must be followed up in writing within 24 hours.
• The resignation notice should include the last intended working day and any outstanding leave requests.

5.2 Acknowledging and Processing Resignations

Once a resignation is received:

1. The line manager acknowledges receipt in writing within two working days.
2. HR reviews outstanding annual leave and contractual obligations.
3. An exit interview is scheduled to discuss reasons for leaving and gather feedback.
4. A transition plan is created to ensure service user continuity.

How we manage this efficiently:

• A standard resignation acknowledgment template ensures consistency.
• Exit interviews provide valuable insights for staff retention improvements.

6. Working the Notice Period

6.1 Expectations During the Notice Period

• Employees are expected to continue fulfilling their duties professionally during the notice period.
• Handovers must be completed, including service user records, pending tasks, and important updates.
• Employees may be required to train their replacement where necessary.

6.2 Using Annual Leave During Notice Periods

• Employees may use outstanding annual leave, subject to management approval.
• If an employee has unused statutory leave, it must either be taken before leaving or paid in lieu.
• Employees on long-term sick leave may still need to work their notice period, depending on circumstances.

How we manage this efficiently:

• Clear handover templates streamline transitions.
• HR ensures compliance with annual leave and final payments.

6.3 Early Release or Garden Leave

• If appropriate, management may agree to early departure without completing the full notice period.
• Garden leave may be enforced for certain roles where immediate departure is necessary.

7. Final Payments and Exit Process

7.1 Final Salary Payments

• The final salary payment will include:
  • Basic salary up to the last working day.
  • Payment for untaken statutory annual leave (if applicable).
  • Deductions for outstanding loans, training fees (if applicable), or company property not returned.
• Final payments will be made on the next payroll date after the employee’s last working day.

7.2 Return of Company Property

• Employees must return uniforms, ID badges, company-issued mobile devices, and any other company property before leaving.
• Failure to return property may result in deductions from the final salary.

7.3 Reference Requests

• References will only include factual information (e.g., dates of employment, job role).
• Personal references will not be provided by management on behalf of the company.

How we manage this efficiently:

• A final salary calculation checklist ensures accurate payments.
• HR follows up to confirm the return of company assets.

8. Exit Interviews and Staff Retention Strategies

8.1 Purpose of Exit Interviews

• Identify reasons for resignation and potential areas for improvement.
• Assess staff satisfaction and workplace culture.
• Gather feedback on training, management support, and working conditions.

8.2 Conducting Exit Interviews

• Exit interviews are voluntary but encouraged.
• A confidential questionnaire allows employees to share honest feedback.
• Key findings are used to improve retention strategies.

How we manage this efficiently:

• HR compiles quarterly reports on exit interview trends.
• Action plans are developed based on recurring feedback.

9. Handling Resignations Due to Workplace Issues

9.1 Resolving Underlying Issues

• If an employee is resigning due to workplace grievances, mediation will be offered.
• Employees are encouraged to use the grievance procedure before resigning.
• Efforts will be made to resolve issues where possible to retain staff.

9.2 Withdrawal of Resignation

• Employees may withdraw their resignation within 48 hours, subject to management approval.

How we manage this efficiently:

• A mediation process is in place for handling workplace issues.

10. Related Policies

This policy aligns with:

• Workforce Planning and Staff Retention Policy (DCW31).
• Grievance and Complaints Policy (DCW15).
• Notice Period and Redundancy Policy (DCW44).
• Payroll and Final Salary Payment Policy (DCW35).

11. Policy Review

This policy will be reviewed annually or sooner if required due to legislative changes, business needs, or CIW updates. The Registered Manager and Responsible Individual are responsible for ensuring compliance.

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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}}
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