When an employee submits their resignation, it is important for employers in Ireland to handle the situation professionally and in accordance with Irish employment law. Managing the process effectively can prevent disputes, ensure smooth transitions, and help maintain a positive workplace culture. At Employers Advice, we provide expert employee resignation advice in Ireland, helping employers navigate the resignation process with confidence and compliance. 

An employee resignation occurs when an employee voluntarily decides to leave their position within a Company. Unlike dismissals, which are initiated by the employer, resignations are initiated by the employee, but they still require careful management to ensure that the process adheres to Irish employment law. 

In Ireland, employees are legally entitled to resign from their position at any time, provided they comply with the notice period specified in their employment contract. However, while employers cannot prevent an employee from resigning, they must follow certain procedures to ensure the resignation is handled correctly and legally. 

Employees who resign are generally required to provide notice to their employer, as outlined in their Contract of Employment. The notice period typically ranges from one week to several months, depending on the length of service and the contract terms. If an employee fails to provide proper notice, they may be in breach of their contract, and the employer may be entitled to withhold pay or seek damages. 

In the absence of a contractual notice period, the statutory minimum notice periods set by Irish law apply: 

• 1 week notice for employees employed for more than one month but less than two years 

• 2 weeks’ notice for employees employed for two to five years 

• 4 weeks’ notice for employees employed for five to ten years 

• 6 weeks’ notice for employees employed for more than ten years 

Employers must ensure that employees receive all their outstanding pay, including unused holiday leave and any other contractual entitlements. If the employee resigns without giving proper notice, the employer may be entitled to deduct the equivalent of the notice period from their final paycheck, but this must be in line with the terms of the employment contract. 

While not legally required, conducting an exit interview can provide valuable insights into why an employee is leaving and what improvements can be made within the company. It also gives the employer an opportunity to address any outstanding issues or concerns, and to thank the employee for their contributions. 

Before the employee leaves, it is crucial to ensure that they return any company property, such as keys, laptops, uniforms, or confidential documents. Employers should have a clear policy in place for the return of property and ensure that this is part of the resignation process. 

This guide outlines the steps for handling employee resignation in Ireland, ensuring legal compliance and a smooth transition. It covers everything from acknowledging the resignation to managing the final day, helping employers meet their obligations and maintain positive relationships: 

Once an employee submits their resignation, the first step is to formally acknowledge the resignation in writing. This provides clarity on the resignation date and confirms the employee’s intent to leave. It is also helpful to include a statement thanking the employee for their contributions and wishing them well in their future endeavours. 

Before proceeding, review the employee’s contract of employment to ensure that the notice period and other terms are clearly understood. Verify the resignation date and any entitlements that may be due, such as holiday pay or severance. 

Confirm the employee’s notice period based on their contract or the statutory minimum notice requirements. Ensure the employee is aware of their obligations regarding their last working day. If the employee intends to leave earlier than the notice period allows, discuss the possibility of an earlier departure and whether any adjustments to the final pay need to be made. 

An exit interview provides an opportunity to gather feedback from the employee on their experience with the Company. This can help identify areas for improvement and provide insight into potential retention issues. While voluntary, it is a good practice to conduct these interviews to understand why the employee is resigning and to ensure the process is as smooth as possible. 

Start preparing for the employee’s exit by considering any handover of responsibilities. If the employee is leaving a critical role, ensure that there is a clear plan in place for redistributing their workload, training a replacement, or finding a new hire if necessary. 

Ensure that the employee is paid for all outstanding wages, unused holiday leave, and any other benefits they are entitled to. If the employee is leaving without fulfilling the required notice period, ensure that any deductions (in accordance with their contract) are made. 

Once the employee’s last day arrives, ensure a smooth transition by facilitating handover of projects, introducing the replacement (if applicable), and ensuring that any final paperwork is completed. This helps ensure continuity of work and avoids disruption. 

Keep thorough records of the resignation process, including correspondence, any exit interviews, final payments, and the return of Company property. This documentation can be useful in case of any disputes or follow-up inquiries. 

Even though an employee is resigning, employers must be cautious to avoid potential legal risks. Common issues that can arise during the resignation process include: 

• Discriminatory Resignations: Employers should be cautious not to treat the employee’s resignation process unfairly based on discriminatory factors such as race, gender, age, or disability. 

• Withholding Final Pay: Employers must only withhold pay in accordance with the terms of the contract. Failure to comply with this can lead to legal disputes. 

• Defamation or Negative References: When providing references for the employee, it is important to remain professional and avoid providing any negative or defamatory information. 

Handling an employee’s resignation can be straightforward, but there are still many legal nuances to consider. At Employers Advice, we provide free HR advice for Irish employers to help you navigate the resignation process efficiently and in compliance with Irish employment law. 

Our experts can guide you through the necessary steps, from confirming the notice period and reviewing the contract to conducting exit interviews and ensuring final pay is accurate. We are here to ensure that you manage employee resignations smoothly and avoid any legal pitfalls. 

• Expert Knowledge of Irish Employment Law: Our HR professionals are well-versed in Irish employment law and can provide expert advice on handling resignations. 

• Practical Guidance: We offer actionable, step-by-step advice on how to manage the resignation process with minimal disruption. 

• Free HR Support: Our free HR advice line gives employers access to professional advice at no cost, ensuring that they comply with employment laws. 

Under Irish law, employees are required to provide notice as specified in their contract of employment or, in the absence of a contract, according to the statutory minimum notice periods. If they fail to provide the required notice, the employer may be entitled to seek damages. 

To prevent turnover, employers should focus on employee satisfaction, offer competitive benefits, provide growth opportunities, and maintain open communication. Conducting exit interviews can also help you understand why employees leave and what changes may improve retention. 

If an employee resigns during an ongoing disciplinary process, the employer should confirm the resignation in writing and ensure that any ongoing investigation is properly documented. The resignation may not necessarily end the disciplinary process, particularly if it relates to misconduct that needs to be formally addressed.  

Managing employee resignations can be tricky, but with the right guidance, it does not have to be overwhelming. For expert advice on handling employee resignation in Ireland, contact Employers Advice today. Our free HR advice line for Irish employers is available to assist with all aspects of employee resignation, from reviewing contracts to managing final pay and conducting exit interviews. 

WRC – Resignation