1. Legal Framework and Compliance

1.1 Statutory Requirements

This policy complies with:

• Employment Rights Act 1996 - Notice periods and termination procedures

• ACAS Code of Practice on Disciplinary and Grievance Procedures - Fair treatment during departure

• Working Time Regulations 1998 - Final pay calculations and holiday entitlements

• Data Protection Act 2018 and UK GDPR - Handling of personal information

• Equality Act 2010 - Non-discriminatory departure processes

1.2 ACAS Guidance Integration

This policy follows ACAS guidance on:

• Handling resignations professionally and consistently

• Managing notice periods and early release arrangements

• Conducting meaningful exit interviews

• Maintaining employment relationships during transition periods

2. Resignation Notice Requirements

2.1 Statutory and Contractual Notice

Legal Framework: Under the Employment Rights Act 1996, Section 86, employees are entitled to minimum statutory notice periods. However, contractual notice periods may exceed statutory minimums.

MoralCare Notice Periods:

• Care Workers: 4 weeks

• Supervisory Staff: 6 weeks

• Senior Management: 8 weeks

ACAS Guidance Application: Notice periods are designed to ensure adequate handover time and maintain service continuity, following ACAS recommendations for reasonable notice in care sector roles.

2.2 Written Notice Requirements

Legal Compliance: Following ACAS best practice, all resignations must be submitted in writing to your line manager, clearly stating your intended final date of employment.

Acceptable Formats:

• Formal resignation letter

• Email resignation

2.3 Payment in Lieu of Notice

Legal Framework: Under Employment Rights Act 1996, MoralCare may offer payment in lieu of notice (PILON) where contractually permitted and mutually agreed.

Application: Early release arrangements will be considered based on:

• Business operational requirements

• Service user care continuity needs

• Individual circumstances and mutual agreement

3. Financial Implications and Deductions

3.1 Lawful Deductions

Legal Authority: Under Employment Rights Act 1996, Section 13, deductions from wages are only permitted where:

• Authorized by contract terms

MoralCare Deduction Policy:

• Inadequate Notice: Where insufficient notice creates demonstrable financial loss, reasonable costs may be recovered as contractually agreed

• Training Cost Recovery: Training costs may be recovered within 12 months, as per training agreements signed at commencement.

• Company Property: Replacement costs for unreturned items.

• Annual Leave taken - that had not yet been accrued.

ACAS Compliance: All deductions will be:

• Reasonable and proportionate

• Clearly explained in writing

• Subject to employee discussion before implementation

• Limited to actual costs incurred

3.2 Final Pay Calculations

Statutory Requirements: Final pay will include:

• Outstanding salary to final working day

• Accrued holiday pay (Working Time Regulations 1998)

• Any contractual payments due

• Expense reimbursements

Payment Timeline: Final payments will be made on the next normal pay date following departure, in accordance with employment contract terms.

4. Confidentiality and Professional Conduct

4.1 Confidentiality Obligations

Legal Framework: Post-employment confidentiality obligations continue under:

• Common law duty of confidentiality

• Data Protection Act 2018 (service user information)

• Contractual confidentiality clauses

ACAS Guidance Application: During notice period:

• Maintain professional discretion about departure

• Avoid disruption to team morale and service delivery

• Follow agreed communication protocols

4.2 Service User Communication

Professional Standards: Communication with service users about your departure must:

• Be authorized by management

• Follow agreed company statements

• Maintain confidence in service continuity

• Protect vulnerable adult relationships

CQC Compliance: Maintains regulatory standards for care continuity and professional boundaries.

5. Notice Period Management

5.1 Garden Leave Arrangements

Legal Framework: Garden leave may be implemented where:

• Contractually provided for

• Protecting legitimate business interests

• Maintaining service user relationships

ACAS Best Practice: Garden leave decisions consider:

• Employee's role and access to sensitive information

• Risk of competitive activity

• Maintaining positive employment relationships

5.2 Continued Professional Standards

Employment Law Compliance: During notice period, employees remain bound by:

• Employment contract terms

• Company policies and procedures

• Professional conduct standards

• Health and safety obligations

6. Return of Company Property

6.1 Legal Requirements

MoralCare Property List:

• Uniforms

• Company mobile phone and accessories

• Keys, access cards, and security items

• Unused PPE

• ID cards

6.2 Deduction Procedures

Legal Compliance: Any deductions for unreturned property will:

• Be limited to actual replacement costs

• Be clearly itemized and explained

• Follow contractual deduction procedures

• Comply with Employment Rights Act 1996, Section 13

7. Exit Interview Process

7.1 ACAS Recommended Practice

Best Practice Implementation: Exit questionnaires follow ACAS guidance for:

• Gathering constructive feedback

• Identifying improvement opportunities

• Maintaining positive employment relationships

• Supporting organizational development

7.2 Data Protection Compliance

Legal Framework: Exit interview information handling complies with:

• UK GDPR data processing principles

• Data Protection Act 2018 requirements

• MoralCare Data Protection Policy

• Individual privacy rights

Information Use: Feedback will be:

• Used solely for organizational improvement

• Anonymized where possible

• Shared only with authorized personnel

• Retained in accordance with data retention schedules

8. References and Future Employment

8.1 Reference Provision

Legal Framework: Reference provision follows:

• Common law principles of accuracy and fairness

• ACAS guidance on factual, balanced references

• Data protection requirements for personal information

MoralCare Reference Policy:

• Professional references provided for all departing staff

• Content reflects actual performance and conduct

• Factual information only, avoiding subjective opinions

• Timely response to reference requests

A reference will be refused if a carer fails to fulfil their full notice period.

8.2 Post-Employment Relationships

ACAS Best Practice: Maintaining positive relationships through:

• Professional departure processes

• Recognition of employee contributions

• Open door policy for future opportunities

• Alumni network engagement

9. Dispute Resolution

9.1 Grievance Procedures

Legal Compliance: Any disputes regarding resignation terms will follow:

• MoralCare Grievance Policy

• ACAS Code of Practice on Disciplinary and Grievance Procedures

• Employment tribunal procedures if unresolved

Resolution Approach:

• Internal discussion with line manager

• Formal grievance procedure if required

• ACAS Early Conciliation before tribunal claims

• Mediation services where appropriate

9.2 Employment Tribunal Rights

Statutory Rights: Employees retain rights to claim for:

• Unlawful deductions from wages

• Breach of contract claims

• Discrimination or unfair treatment

• Data protection breaches

Time Limits: Claims must generally be submitted within 3 months of the relevant incident, following ACAS Early Conciliation.

10. Special Circumstances

10.1 Retirement

Legal Framework: Retirement arrangements comply with:

• Equality Act 2010 (no forced retirement ages)

• Pension scheme regulations

• ACAS guidance on retirement discussions

Enhanced Support: Retiring employees receive additional support for:

• Pension arrangements and transfers

• Phased retirement options where possible

• Recognition of long service contributions

10.2 Health-Related Departures

Legal Obligations: Health-related resignations consider:

• Equality Act 2010 reasonable adjustments

• Occupational health recommendations

• Ill-health retirement options

• Support during transition period

11. Policy Implementation and Review

11.1 Training and Awareness

ACAS Compliance: All managers receive training on:

• Fair and consistent policy application

• Legal requirements and best practices

• Handling difficult departure situations

• Documentation and record-keeping

11.2 Continuous Improvement

Review Process: Annual policy review considers:

• Changes in employment law

• Updated ACAS guidance

• Exit interview feedback themes

• Employment tribunal decisions and case law

12. Contact Information and Support

12.1 Internal Support

• Line Manager: First point of contact for resignation matters

• Rebecca Williamson, Managing Director: 01524 874110

• Email: [email protected]

12.2 External Support

• ACAS Helpline: 0300 123 1100 (free employment advice)

• Citizens Advice: Local branches for independent guidance

• Trade Union Representatives: If applicable to your membership