Factors to Consider Before Resigning — A Practical Checklist for Employees 

Leaving paid employment can feel overwhelming, particularly if your decision is driven by stress or concerns about how you’ve been treated at work. Whether you are moving on to a new opportunity or stepping away from a role because the situation has become difficult, it’s important to think carefully about your legal rights and obligations, your financial position and your future career prospects before resigning. 

This checklist sets out the key factors to consider so you can make a confident and informed decision concerning your best way forward. 

1. See if the Issue Can Be Resolved First 

If your reason for leaving relates to a workplace problem — for example, a breakdown in the relationship with your manager, feeling unfairly treated, or struggling with workload — it may be worth exploring internal resolution options before resigning. 

It’s usually best to raise concerns informally first. If that doesn’t resolve the situation, you can submit a formal written grievance. This records your concerns, triggers the employer’s grievance process and creates evidence should you later need to rely on it in support of any legal claim. When raising a grievance, be clear about the outcome you are seeking. If you are considering resigning and pursuing a constructive dismissal claim, raising a grievance is usually an important step. 

2. Re‑read Your Employment Contract 

Many employees resign without revisiting the terms they agreed to at the start of employment. Before doing anything, review your contract carefully, paying particular attention to: 

• Notice requirements — How much notice must you give and in what form? 
• Pay entitlement during your notice 
• Garden leave provisions 
• Payment in lieu of notice (usually at the employer’s discretion) 
• Restrictive covenants (post‑termination restrictions) 
• Confidentiality clauses 

If you fail to comply with contractual terms, you could risk losing pay or find yourself in a dispute. 

3. Consider How Resigning Will Affect Your Income 

Resigning can have an immediate financial impact, especially depending on the timing. If you are leaving without another job, this may also affect your eligibility for certain benefits. Before resigning, make sure you understand: 

• How much you will be paid during your notice period 
• How long your notice period is, so you can plan any start date for a new role 
• Any deductions that may apply — for example, repaying training costs if you agreed to this and repaying signing on bonus depending on the terms of this 
• Whether resigning now would create a gap in income before a new job starts 
• How your resignation may affect bonus or commission payments (check your contract and any bonus policy) 

4. Check Your Holiday Position 

Holiday entitlement is often misunderstood. You may be owed payment for untaken holiday, or you may have taken more than you have accrued, in which case your employer may deduct the excess from your final pay. Ask HR for an up‑to‑date holiday balance before resigning so you can prepare for any adjustments. 

5. Keep Evidence if Your Resignation Relates to Workplace Issues 

If you are resigning because of bullying, discrimination, unsafe working conditions or other serious concerns, ensure you retain relevant evidence such as emails, meeting notes and grievance documents. Once you leave, you will no longer have access to your work email, so save anything you may need before resigning. 

6. Be Cautious if You Are in a Special Situation (Redundancy, Sick Leave, TUPE) 

Certain situations require extra care. Resigning during a redundancy process, while on sick leave or during a TUPE transfer can affect your legal rights, including redundancy pay, notice entitlements or eligibility for benefits such as income protection while on sick leave. If you fall into one of these categories, seek legal advice before making a decision. 

7. Put Your Resignation in Writing 

Most employment contracts require written notice for a resignation to be valid. Even where this isn’t strictly required, written notice is strongly recommended as it provides a clear record which can avoid misunderstandings. 

A clear resignation email or letter should include: 

• A straightforward statement confirming your resignation 
• The notice period you are giving 
• Your proposed final working day 
• A request for confirmation of holiday pay, your P45 and any post‑employment restrictions (if applicable) 
• If you have been treated unfairly, set out your reasons for resigning (this may assist with future claims) 
• If you are not working your notice, an explanation as to why (for example, if you believe you are entitled to resign without notice due to a fundamental breach of contract). Legal advice is recommended here. 

8. Prepare for Your Exit: Handover and Returning Property 

Before you leave, ensure you have: 

• Returned all company equipment and information 
• Completed an adequate handover of your duties 
• Avoided deleting company data or retaining confidential information – you should not send confidential information belonging to your employer to your personal email 
• Submitted outstanding expenses claims while you still have system access 
• Removed your personal information from work systems 
• Understood any ongoing confidentiality obligations 
• Provided your employer with up‑to‑date personal contact details 
• Made a note of HR and manager email contacts for any post‑employment queries 
• Updated personal accounts (such as pension and LinkedIn) if they are linked to your work email address 

9. Understand What Happens After You Leave 

Certain contractual obligations continue after employment ends, especially restrictive covenants (post-termination restrictions) such as non‑competition or non‑solicitation of customer and employees clauses. These might limit the types of new roles you can accept or the type of work you can do for a period of time after your employment ends. You may need to discuss these with a potential new employer before resigning to ensure they are comfortable with any restrictions you are subject to. You might need to seek legal advice to understand the terms and effect of any restrictions and your options before considering resigning.   

Proper preparation before resigning can significantly protect your financial security and future career options. If you are considering potential claims or require advice on post‑termination restrictions, it is sensible to seek legal advice before making your final decision. 

Article written by
Sally Eastwood

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk or  0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.  This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

14.04.26