Risky Resignations: What happens when an employee submits a resignation letter that may contain grievance issues?

Resigning from a job can be a stressful and emotional decision for an employee. Sometimes, they may do it impulsively or in response to a problem at work. As an employer, you need to know how to handle such situations and avoid potential legal risks.

Here are some common questions and answers about dealing with resignation letters that may involve grievance issues.

Can I refuse to accept a resignation letter?

No, you cannot. An employee has the right to end their employment at any time, as long as they give the required notice period. However, you can try to persuade them to stay, especially if they are a valued member of your team. You can also ask them to reconsider their decision if you think they acted hastily or emotionally.

What if the employee resigns verbally?

It is always better to have a written resignation letter, as it provides clear evidence of the employee’s intention and the date of their notice. If an employee resigns verbally, you should ask them to confirm it in writing as soon as possible. You should also acknowledge their verbal resignation in writing and remind them of their notice period and any other contractual obligations.

What if the employee raises a grievance in their resignation letter?

This is a tricky situation, as it may indicate that the employee is unhappy with their work environment or treatment by their employer. It may also suggest that they are considering a constructive dismissal claim, which is a type of unfair dismissal claim where the employee resigns because of a serious breach of contract by the employer.

To reduce the risk of such a claim, you should always invite the employee to a meeting to discuss their grievance and try to resolve it. You should also follow the ACAS Code of Practice on Discipline and Grievance, which sets out the best practice for handling such issues. If you do not hear back from the employee within a reasonable time frame, you should confirm their resignation in writing and state that you have tried to address their concerns.

What is constructive dismissal and how can I avoid it?

Constructive dismissal is when an employee resigns because of a serious breach of contract by the employer. This can be a breach of an express term, such as pay or hours, or an implied term, such as trust and confidence. The breach must be so severe that it makes the employment relationship intolerable for the employee.

To claim constructive dismissal, an employee must have at least two years of service and must show that:

• They resigned because of the breach and not for any other reason.
• They resigned soon after the breach and did not delay or accept it.
• The breach was significant and not trivial.

If an employee succeeds in a constructive dismissal claim, they may be entitled to compensation for loss of earnings. However, the amount of compensation may be reduced if the employee or the employer did not follow the ACAS Code of Practice on Discipline and Grievance.

The best way to avoid constructive dismissal claims is to maintain a positive and respectful work culture, where employees feel valued and supported. You should also ensure that you have clear and fair policies and procedures for dealing with any issues or complaints that may arise. If an employee resigns and raises a grievance, you should act promptly and professionally to try to resolve it. By doing so, you can minimise the risk of Employment Tribunal claims and maintain good relationships with your staff.

If you need any further advice or support on how to handle resignation letters or grievance issues, you can contact your Sapphire HR Advisor at any time. We are here to help you with all your HR matters and provide you with practical and tailored solutions.