Leaving your job - rights on giving notice, final pay and resigning

Summary

Ending a job? Know your rights on being unfairly dismissed, notice periods, getting your final paycheck, holiday pay and references. Includes the new rights from Employment Act 2025. The information in this guide applies to England and Wales. 1 What are your rights if your employer ends your employment? 2 When is it fair for your employer to end your employment? 3 When is it unfair for your employer to dismiss you? 4 What are your rights if you want to leave your job? 5 How much notice should you give or be given? 6 What pay should you get when you leave? 7 What should you do if your employer does not pay your correct final pay? 8 Should your employer give you a reference? 9 FAQs about leaving your job 10 About this guide If your employer ends your contract it is called a dismissal, or ‘being dismissed’. In England and Wales, we often call it ‘getting fired’ or being ‘given the sack’. It is only legal for your employer to sack you if it's done fairly. Otherwise, it might be against the law and is called ‘unfair dismissal’. For a dismissal to be fair, the employer has to genuinely believe that: * you behaved badly, or * you weren’t able to do the job properly, or * they had to make.

Key information

• you weren’t able to do the job properly, or
• they had to make people redundant because there wasn’t enough work/money,
• it would be against the law to continue employing you, or
• some other ‘substantial reason’ to justify your dismissal.
• relates to your age, race, nationality, gender, religion or philosophical belief, sexuality, gender reassignment, marriage or civil partnership, pregnancy or maternity leave, or because you have a disability, you have a right to complain to the employment tribunal no matter how long you have been in the job – see Unfair treatment at work.
• is because you complained about health and safety or something illegal in the workplace – you can take the issue to employment tribunal. It does not matter how long you have been working for this employer.
• The date (this is the date when you will hand over the letter/send the email).
• Your line manager’s full name.
• Your final day of employment (based on the amount of notice period you have to give).
• A request for any remaining holiday to be included in your final pay.
• Pay for hours worked since last payday.
• Payment for any unused holiday days. These count as days you worked.

Practical guidance

• Source: Leaving your job - rights on giving notice, final pay and resigning

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