Should I resign from my job?

You may be thinking about resigning because you’ve been offered a new job, or had a change in your personal circumstances, or because you’re unhappy at work. But whatever the reason, it’s important to ensure that your resignation is the right decision at the right time.

 

When to consider resigning

There are numerous occasions when you might consider resigning from your job. For example:

– Offered a new job opportunity

You might have received an offer for a new job that provides better prospects and opportunities for career progression, higher pay, and/or more fulfilling work.

– Work in a toxic environment

If your workplace is toxic, for example, if you experience bullying or if the culture is one where you feel undervalued, it may be best to leave.

– Feel forced to resign

If you’re being treated so badly you can’t stand it any more, you may feel that your only option is to resign. In which case, you may have a claim for what’s called ‘constructive dismissal’ even though you weren’t directly dismissed. (See more on this below)

– Told to resign

Sometimes unscrupulous employers will actually tell you that you should resign. They do this so they don’t have to dismiss you and face the possibility of you making legal claims against them for actions such as unfair dismissal or discrimination.

 

When not to resign

Resigning isn’t always the best or only option. Here are some situations where it might be better not to resign and to stay put, at least for a while:

– Resigning after an argument

Don’t resign in a moment of anger or frustration. When you’ve calmed down, take time to think about whether or not you really want to leave.

– You need continuing financial stability

If you don’t have another job lined up and you need the financial security that a regular income gives you, it’s a good idea to wait until you’ve secured another job before you resign.

– You want to advance your career

You should stay put until you are sure that moving on actually is a step forward in your career. Leaving without a well thought-through career plan can potentially set you back rather than advance you forward.

– A solution to your work issues is negotiable

If your main issues at work are potentially solvable, such as wanting more flexible hours or a raise, try negotiating these points with your employer before deciding to resign.

– You feel forced to resign or are told to resign

If you feel forced to resign or are actually told to resign, don’t resign but take legal advice from an employment lawyer urgently!

Also, put together some evidence to support your case. For example, keep a daily diary or other form of written account of what’s happening to you at work, the dates it’s happening and who it is that’s making you feel forced to resign or telling you to resign.

You may well have a claim against your employer for unfair dismissal or constructive dismissal and be able to negotiate compensation by way of a settlement agreement rather than leaving empty-handed or with just your outstanding holiday pay.

 

Before you resign

Whatever your reason may be for wanting to resign, you should always check out the following before you tell your employers that you’re leaving:

1] Check your contract

Your contract of employment will state how much notice you need to give when you resign. It’s important to follow this and any other terms set out in your contract about resigning.
The only exception might be if you’ve negotiated any specific alternative arrangements with your employer which clearly override those set out in your contract. If that’s the case, these arrangements should have been agreed voluntarily by you and confirmed with your employer in writing.

2] Consider your timing

Timing your resignation can be crucial. For instance, leaving halfway through a critical project might sour any good relationship that you ever had with your employer, whereas waiting until the end of the project could help maintain positive relationships.

3] Understand your employment rights

If you’re resigning due to issues like harassment, discrimination, or breach of contract, you might have a legal case against your employer. In which case, you may be able to negotiate a settlement with them for financial and possibly also other forms of compensation.
In such situations, consult with specialist employment solicitors – like Monaco solicitors – as soon as possible, and before you make any moves that can’t be reversed..

 

How to resign

Resigning professionally maintains your relationships and reputation in the industry. Here’s how to do it:

1] Prepare a resignation letter

Your resignation letter should formally announce your intention to leave. Keep it concise and neutral in tone. State your last working day and ideally give the notice required by your employment contract. See our main guide on resigning for an example.

2] Speak to your manager

Before submitting your resignation letter, have a face-to-face conversation with your manager. This shows respect and allows you to explain your reasons for resigning in a controlled and professional manner.

3] Work through your notice period

As a rule of thumb it’s best to work your notice period if you can. This leaves a good final impression and maintains positive relationships. See our guide on notice periods for more.
However, there may be good reasons why you shouldn’t or can’t work your notice period, such as being on sick leave or preparing to resign in a case of constructive dismissal (see our constructive dismissal blog and more detailed guide).

4] Prepare to handover effectively

Prepare a thorough handover of your responsibilities. Document important information and provide guidance to whoever will take over your duties to ease the transition.

 

To sum up, resigning from your job is a significant step and you need to be aware of the implications.  Above all, think before you leap and if you’re not sure, consult a good employment lawyer.