Big quitters

The majority of resignations are for perfectly valid reasons, such as career advancement, salary increase or leaving the area, and are unlikely to lead to any problems for the employer. However, some resignations may be because the employee feels he/she is being forced to resign. Constructive dismissal - you must always investigate these ones. Ask the employee to put their resignation in writing, indicating clearly when he/she intends to leave.

If the notice given is longer than the specified minimum period, this must be accepted and you do not have the right to force the employee to leave sooner than the period they have specified.

If, as is more common, an employee provides less notice than the contract requires, an employer cannot force the employee to work their full notice. Although technically a refusal to work the full period is a breach of contract and would enable you to sue for the consequential damages incurred, it is only in exceptionally rare cases that it would be sensible to do so. You would require strict proof that the loss claimed is directly attributable to the breach.

Alternatively, if you have a term in the contract of employment to do so, you may deduct from any final salary due the damages incurred as a result of this breach. This would involve showing the additional costs of employing someone else in these precise circumstances. This does not only include the cost of overtime, freelancers or temps, which often occur anyway when someone leaves, but those incurred in addition.

You would also have to take into account the wages and National Insurance contributions you have saved by not employing him or her. It is not simple and you should really take advice in such circumstances.

Finally, it is always prudent to hold exit interviews for employees who have handed in their resignation. It is vital that the reason behind the employee's decision to leave is discussed and noted during this meeting. It is good management practice as it can pinpoint particular problems in the workplace such as poor working relationships in a particular section, ineffective supervision or lack of training.