Resignation
A resignation is when you formally tell your employer that you are leaving your job.
You can resign verbally, but resigning in writing is more formal and creates a clearer record of your resignation. Your employment contract will usually explain how much notice you should offer before the resignation takes effect.
When you write your resignation, include how much notice you are giving and when your last day at work will be.
On this page
Your notice period
How much notice you must give will usually be stated in your contract. If it is not stated, you need to give at least one week’s notice if you have worked for your employer for more than one month.
You will usually be required to work during your notice period, and this period starts the day after you have handed your notice in. You will be paid for this work in the usual way.
Garden leave
‘Garden leave’ is when your employer does not want you to come into work, but they do want you to remain employed under the terms of your contract. You should still receive the same pay and benefits while on gardening leave.
Payment in lieu of notice
Your employer may want to end your employment contract immediately. They will still have to pay you for your notice period. This is known as ‘payment in lieu of notice’ or ‘PILON’ for short.
Taking back your resignation
If you have given your resignation as you are required to by your contract, you cannot take it back unless your contract makes this possible or your employer agrees.
If you say you wish to resign, for example, during a dispute with your employer, then this may be taken as a resignation. If you do not want to resign you should tell your employer as soon as possible.
Forced resignation
If your employer had told you they would dismiss you if you do not resign yourself, this counts as a dismissal. Please see information on unfair dismissal for further information.
If you feel you have been forced to resign then you may be able to claim constructive unfair dismissal. Not being paid, being demoted without reason, being discriminated against or being forced to work in dangerous conditions may all be grounds for constructive dismissal.
If you are resigning for a reason that could qualify as a reason for constructive dismissal, then you should give this reason as part of your resignation to support your claims in any future employment tribunal.
Strict time limits (usually three months less one day from the date that your contract of employment terminated, although in Northern Ireland this is usually three months exactly – except for claims for disability discrimination) apply when bringing claims to the employment tribunal. Contact your UNISON rep immediately if you are considering such a claim.
Please note that the time limit for bringing an employment tribunal claim in England and Wales is expected to be increased to 6 months less one day towards the end of 2026.
Your final pay
Your final pay should include:
- your usual wages;
- any bonuses or overtime still due;
- pay in lieu for any accrued entitlement to be paid annual leave you have not taken.
Your employer may deduct money that has been given to you for loans.
Getting your P45
Your employer must give you a P45 tax form after your final payment. You will need to give the P45 to your next employer.
Frequently asked questions
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.