If you need to resign with immediate effect then it is important to understand your rights. Working in an intolerable environment, or needing to leave due to a sudden change in circumstances, is very stressful. You just need a way out of the predicament.
It is essential, however, to make sure you understand any legal ramifications for resigning with immediate effect.
Whether it’s due to being unhappy at work or other reasons outwith your control, you need to consider your options carefully.
Can You Resign with Immediate Effect?
If you have been in your current employment for less than 1 month, and there is no contract stating otherwise, you can resign with immediate effect. In most other circumstances, however, you shouldn’t resign immediately.
When you begin a job, a contract is usually provided for you to sign. This contract will lay out the terms of your notice and how much you need to give. If you wish to leave, check your employment contract first and see what it says.
If you breach your employment contract by not giving the required notice, then your employer has the right to pursue you legally for this.
However, this is very unusual. They must be able to prove they suffered loss, and the process can be complex.
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Employment law advice is also available from your local Citizens Advice or you can contact ACAS to help resolve disputes.
Try and Do Things By The Book
If you possibly can, you should give notice when you have decided to leave. This will leave things on much better terms, which you might be glad about down the line.
Your contract of employment will state the notice you are required to give. Failing this, you should observe statutory minimum notice periods.
Statutory Notice Periods
For employment lasting:-
- Under 1 month – no notice required.
- More than 1 month – 1 week notice.
If your contract has no notice stated, or you do not have a contract your notice period is minimal.
Reasons to Resign with Immediate Effect
Sometimes things happen beyond our control. At these times, you may need to leave a job without giving proper notice.
There are some scenarios where resigning immediately will be either be accepted as unavoidable by HR, or where you’ll be legally protected.
These include:-
- There is a family emergency.
- You need to deal with personal issues.
- Physical illness has affected your ability to work.
- Your mental state has declined.
- There has been harassment in the workplace (verbal, sexual or other).
- Illegal activity in your work environment.
- Feeling unsafe at work.
- Not being paid for work carried out.
Resigning With Immediate Effect Due to Stress
If you need to resign straight away because you are suffering with stress, this can be an especially vulnerable time.
This is particularly the case if your mental health condition has been caused by your workplace.
If you need to leave immediately to protect your mental health, and are worried about repercussions, you can follow these steps:-
- Self certify as sick on grounds of mental health.
- Resign as per the terms of your contract.
- If you need to, get a fit note from your doctor to cover the rest of your contractual notice period.
See also:-
- Resigning while on sick leave – a look at how to resign whilst signed off, and your rights.
- How to get signed off work with stress – an overview of the process to get signed off work for mental health conditions.
- What happens if you don’t work notice – a guide to potential consequences of leaving immediately.
Will I Get Paid if I Resign with Immediate Effect?
When you have decided that resigning with immediate effect is unavoidable, you need to be aware of your rights to be paid.
Your employer has a legal duty to pay you for all the hours you have worked. This will normally be paid on your usual payday. So, when you leave, you should be paid for the hours you have accrued up until the time you left. You should also be paid for any holidays you have not yet used.
Leaving your job with immediate effect means you are breaching your contract. However, that does not mean your employer can deny your statutory rights.
However, do check your contract to make sure there are no clauses that mean your employer can make deductions for training courses, or any contractual benefits you may have recieved.
What to Do If You Need to Leave Your Job Immediately
There’s no denying that things will be at an an all time low if you have decided to leave your job immediately.
Make sure you take practical steps when you have reached this decision. Also, it is extremely important to keep your mental health in check.
1. Check your Employment Contract
First things first, have a good read of your employment contract.
This is an absolute must so you understand exactly where you stand. You need to understand the legal implications of quitting immediately. You should also check for any financial clauses in there, for example, repaying certain benefits such as enhanced maternity.
2. Talk to Your Manager or HR
Where possible, have a conversation with either your manager or HR.
This might seem daunting but sometimes these face to face chats can help. In some cases, they may even agree to let you leave immediately. Wherever possible, you should try and leave things on an even keel with your boss. You might need them in the future as a reference, for example.
An understanding boss will be able to see when an employee is genuinely struggling and should support them. If this means letting them leave on their terms then sometimes this is the best outcome. Someone stressed or anxious is not going to be at their most productive anyway.
How to Write a Letter Resigning Without Notice
You’ve decided you are going and working notice isn’t happening. So, let’s talk about the resignation letter now.
You need to strike a balance here, between being honest and remaining professional. Wherever possible, you do not want to burn down bridges. The idea is to keep things as formal as possible and follow the correct procedure for writing a resignation letter.
Below are some key points to bear in mind when writing a resignation letter:-
- Include the date of writing.
- Include the date you intend to leave.
- Keep your points concise and to the point.
- Use a professional tone at all times.
- Be courteous and thank your employer.
- Include how much, by your calculations, you feel you are owed.
- If you have any questions, add them in.
- Remember to add your contact information.
- Double check the spelling and have someone proofread it if possible.
- Use the correct procedure for handing in your letter.
Letter of Resignation with Immediate Effect – Template
To help make the process a little less overwhelming, we have put together a sample letter of resignation.
This gives you the bare bones of what you should include as a minimum. What else you add is up to you but try not to make it too wordy.
Date of Writing
Employer name Your name
Employer Details Your address
Your contact details
Dear
LETTER OF IMMEDIATE RESIGNATION
Please accept this letter as confirmation of my intention to leave my position as (job role) with (company name).
I have read my contract in full and understand this goes against the required notice. However, for the following reasons, I cannot work my notice period.
(outline reasons without lots of detail)
I apologise for any stress this may cause but I hope you can understand why I am having to make this decision. If there is anything I can do to help this run smoothly, please let me know.
I would like to take this time to thank you for all the experiences you have given me. I have learned a great deal about myself and have acquired many skills too.
By my calculations, I am owed (amount) for my hours worked until I leave, plus holiday pay.
Kind Regards,
Signature
Name
See Also: How to Write a Resignation Letter for Personal Reasons.
FAQs
It is legal to resign with immediate effect if you have worked somewhere for less than a month and have no contract. Otherwise, you are bound by the terms of your contract.
A company cannot refuse your resignation. However, if it has been submitted in the incorrect way they can ask you to resend it.