
Resignation letter refused
Have you tried to resign from your job but had your letter of resignation refused by your employer? You may be surprised – even alarmed – to hear your employer say they won’t accept your resignation. But is it legal? Can they actually stop you from leaving your job?
In this blog, we’ll explain whether an employer can really reject your resignation, what the legal position is, and what steps you can take if this happens to you. We’ll also explore situations where timing or notice periods might be at the root of the problem.
See also our Guides on How to Resign from Employment and Employment Contracts for further detail.
Can your employer legally refuse your resignation?
The short answer is no, your employer cannot force you to stay in a job you no longer wish to do. Under UK employment law, you have a right to resign, and that right cannot be taken away by your employer.
When you hand in your resignation letter, it is a ‘unilateral action’. That means it doesn’t require approval or agreement from your employer. Once you’ve clearly stated your intention to resign, especially in writing, it takes effect. While your employer might not like it, they cannot deny it in the legal sense.
There are some practical considerations to bear in mind, especially around notice periods, but your freedom to leave your job remains intact.
Why might your employer say they don’t accept your resignation?
Despite the legal position, some employers may claim to ‘reject’ a resignation for a variety of reasons. These can include:
- You haven’t given the required notice under your employment contract.
- The employer believes you’re leaving at a critical time or in breach of your contract.
- You’re involved in an ongoing disciplinary action or grievance process.
- They’re trying to pressure or intimidate you into staying.
- There’s a misunderstanding or poor communication.
Whatever the reason, this can feel unsettling, particularly if the tone is threatening. But again, your employer cannot legally keep you in a job you’ve resigned from.
Do you have to give notice?
Yes. Unless you’ve been employed for less than a month or your contract says otherwise, you’re required to give at least one week’s notice under the Employment Rights Act 1996.
Most contracts specify a longer notice period, such as one month or even several months for senior roles. While you can choose to walk out early, you may technically be in breach of contract, which could have consequences, such as:
- Loss of final pay or outstanding benefits
- Risk of being sued (rare in practice)
- Impact on future references
That said, employers very rarely take legal action against employees for leaving early, especially if there’s been poor treatment or a toxic work environment.
What if you’re in a disciplinary process?
Your employers may try to prevent you from resigning if you’re in the middle of disciplinary action. This is sometimes because they want the disciplinary process to run its course, or because they want to justify dismissing you.
However, you are still entitled to resign at any time, regardless of ongoing disciplinary procedures. While it may not stop your employer from recording a negative outcome on file, they cannot block your resignation or keep you against your will.
In fact, resigning before a disciplinary hearing can sometimes give you more control over how your departure is presented, but it’s important to take expert advice first, as timing and communication are key.
Can your employer delay or extend your leaving date?
Sometimes, an employer might try to extend your notice period or delay your final day at work. They might claim your resignation wasn’t valid because it didn’t follow the correct process or wasn’t ‘accepted’. They might also:
- Dispute the start date of your notice
- Insist on written confirmation if you resigned verbally
- Demand that you work beyond your notice period
While employers can request a longer transition or clarity, they cannot override your right to leave. If you’ve made your intention to resign clear, and you’ve worked your contractual or statutory notice, your employer must respect your departure date.
Can your employer discipline you or withhold pay?
If your employer is unhappy with how you’ve resigned, for example, if you walked out with no notice, they might try to take retaliatory action. This could include:
- Disciplinary action during your notice period
- Refusing to pay accrued holiday
- Withholding your final salary
This kind of behaviour may itself be unlawful, and you may have legal grounds to claim constructive dismissal or unlawful deduction from wages. If your employer tries to punish you for exercising your right to resign, it’s important to seek legal advice immediately.
What should you do if your resignation is turned down?
If your employer tries to reject your resignation, here’s what you should do:
- Stay calm – the law is on your side.
- Put everything in writing – confirm your resignation and your intended last working day.
- Keep a copy of your resignation letter and any emails or correspondence.
- Work your notice period unless it’s unsafe or unreasonable to do so.
- Seek legal advice from a specialist employment law solicitor such as Monaco Solicitors, especially if there are threats or withheld pay.
You can also remind your employer of the relevant legal position: an employee’s resignation does not require acceptance.
What next?
If your letter of resignation is denied, don’t panic. UK law protects your right to leave your job, and no employer can force you to stay. If your employer makes things difficult, that may open the door to further legal claims and if that’s the case, Monaco Solicitors can help.
We’re expert employment law solicitors who represent employees facing unfair treatment, including when employers try to prevent your lawful resignation.
Contact us today if you need help making your resignation stick or if you’re being pressured to stay against your will:
By email: communications@monacosolicitors.co.uk
By phone: 020 7717 5259
Via the contact form here or in ‘Do I have a Case?’ below