Leaving your job: Laws to consider

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As 2025 gets underway and you return to work – whether that is in an office, factory, warehouse or anywhere else, you may be thinking about what the year looks like ahead of you, and if you want to stay where you are.

But, we know that it can be confusing and stressful when it comes to handing in your notice, gardening leave, holiday pay entitlement and how much you should be paid.

Leaving your job

We know that this can be confusing, especially if you are leaving your job because you are not happy or under stress in your current role.

It can also be overwhelming knowing where to start or knowing what you’re entitled to if you have not moved jobs for a while, or you have previously worked in the military and this is your first job move whilst on civvy street.

In this article we look at the laws surrounding leaving your job and what you should take into consideration.

What to do if you want to leave your job

If you are planning to leave your job, you need to make sure that you tell your employer that you are leaving and give them enough notice. Depending on what is stated in your employment contract, you may have to tell them this in writing.

However, by law, if you have worked at the job for less than 1 month and the written statement of employment does not say the notice period, you do not have to give any notice.

However, if you have worked at least one month, you must give a minimum of 1 weeks’ notice or more if it says so in your contract.

This is unless:

the employer has seriously breached the employee’s contract – for example by insisting they’re moved to a workplace that’s an unreasonable distance away
the employee and employer instead come to an alternative arrangement that works for both of them – for example taking leave instead of working the full notice period

Rights to pay and leaving your job

In most cases, you should get full pay up to the day you finish working for your employer, including any accrued holiday pay, overtime and commission. If you are being made redundant and you qualify for payment you should also get this when you leave.

However, if you quit without giving proper notice, your employer should give you the money you earned up to the day you left. But they may be able to withhold money if you have signed a contract which says they don’t have to pay you if you don’t give proper notice.

You will usually get your pay on the date that you would have been paid had you stayed. This might be after you have left.

If you do not get a payslip with your final pay, ask your employer for one. If that doesn’t work, consider using the grievance procedure.

References

Employers are under no legal requirement to provide you with a reference, but they should give you a reference if they normally give them.

However, if your employer does give a reference, remember that they have to tell the truth about you, so valid criticisms of your work may come up. A reference has to be fair, accurate, and not misleading both for you and any prospective new employer.

If you have doubts about the sort of reference you are likely to get, you may want to discuss it with your employer before handing in your notice.

You don’t want to be in a position where you have left your old job, then find your new employer refuses to take you on because of a reference from your old employer.

In some cases, employers will agree to give a factual reference which just includes the dates of your employment and the title of the job you did rather than singing your praises or outlining your job responsibilities and achievements.

Why should I use Oakwood Solicitors Ltd?

If you have handed in your notice or recently left a job and believe you have not been paid correctly or are in a dispute with your employer, get in touch with our employment team at Oakwood Solicitors Ltd today.

At Oakwood Solicitors Ltd, you will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.

Oakwood Solicitors Ltd supports veterans

Oakwood Solicitors is committed to supporting Armed Forces personnel, veterans and reservists, whether they are still serving or have entered civilian life. Proudly partnered with veterans’ organisation, FrontFoot – we aim to support veterans in all manners of life.

Having signed the Armed Forces Covenant, Oakwood Solicitors is passionate about supporting and seeking justice for those who have served our country.

With a proven track record of success and a commitment to protecting your rights, Oakwood Solicitors is the trusted choice for military personnel seeking justice.

New year, new job – Laws to consider when leaving your job