Jurisdiction(s):
United Kingdom

Key definition

Resignation definition

What does Resignation mean? The act by which an employee ends employment by communicating (orally or in writing) notice of resignation to the employer, or by resigning with immediate effect. It is a descriptive term rather than a defined statutory concept, but employment legislation and case law across the UK and Ireland regulate notice and consequences. Also used for office-holders, subject to the governing instrument. A resignation must be clear and unequivocal. It usually takes effect on expiry of the contractual or statutory notice period (the effective date of termination in the UK). An employee may seek to withdraw a resignation before it takes effect,...

Resignation with suspected competitive activity: employer response, garden leave, suspension risks, exit interviews, return of property, constructive dismissal, breach of contract tactics, and enforcing post-termination restrictions

Published by a LexisNexis Employment expert

Practice notes

This Practice Note outlines the practical steps an employer should take when an employee resigns and there is suspicion of prospective competitive Activity. It covers the initial response, strategies where the Resignation breaches contract, exit interviews, and considerations around suspending the employee. Garden leave is addressed, as are dismissal and constructive dismissal. Finally, it looks at enforcing post-termination restrictions.

Initial response

It is entirely possible that the first clue of potential competitive behaviour arises when the employee tenders their resignation. The employer’s reaction is crucial, so managers most likely to receive notice should be trained on the appropriate way to respond. In many situations, a sufficient reply is for the manager to accept any resignation letter, confirm they will liaise with HR, and explain that the employee will be invited to a later meeting to discuss the necessary details and the arrangements for their exit. However, it may help if the manager is prepared to:

discuss, even informally, the employee’s future Plans, as this may indicate whether their intentions are unlawful...

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Web page updated on 21/05/2026

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