Resignations & Offboarding

Offboarding that protects the business and treats people fairly.

When an employee leaves, the way it is managed matters. For the business, for the rest of the team, and for the working relationship that may well continue in a different form.

Resignations

When an employee resigns, the notice period in their contract applies. You can agree to a shorter notice period, but the employee cannot simply leave early without agreement unless you accept it.

For employees who have access to client relationships, sensitive commercial information, or competitive data, the notice period and any post-termination restrictions in their contract need to be considered carefully. We advise on this for every departure.

 

Garden leave

Garden leave is a period during which an employee serves out their notice period without attending work. It is typically used when you want to remove the employee from the business environment while retaining their contractual obligations, including any restrictions on working for a competitor.

Garden leave must be provided for in the contract to be enforceable. We advise on when it is appropriate and how to implement it correctly.

 

Exit interviews

An exit interview is an opportunity to understand why an employee is leaving and to gather feedback on their experience. Done well, it is a valuable source of insight. Done poorly, it can create problems if the conversation is not handled correctly.

We conduct exit interviews on behalf of clients, providing an independent and professional process that produces useful information without the risk of an uncomfortable conversation becoming something more.

 

Final pay and record-keeping

Final pay calculations must be accurate: salary to the last day of employment, outstanding holiday entitlement, any other contractual payments. Errors in final pay are a common source of grievances and claims.

All employment records must be retained for the appropriate period after departure, in line with GDPR requirements. We manage the departure on your Breathe HR system and advise on record retention.

Common Questions

Can I require an employee to work their notice?
What should I do about system access when an employee leaves?
Do I have to pay outstanding holiday entitlement?
Are post-termination restrictions enforceable?

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