Employment law
Can you officially give notice through a text?
Our employment law experts explain how a notice of resignation should be given and if you legally need to work your notice period.
In the UK, when an employee decides to leave their job, they are required to provide their employer with a fair warning, known legally as a ‘notice period.’ The length of your notice period will be set out in your employment contract, signed at the beginning of your employment.
If your employment contract does not specify the length of your notice period, you typically give at least one week's notice before you leave your role if you have been in your job for more than one month.
It is also important to give your resignation in writing, however what officially counts as ‘in writing’?
Is text messaging an appropriate way to give notice?
While there is no requirement under stature on any specific way to give notice, there may be requirements in your contract. If there is, this is legally binding and for a resignation to count, you must follow the given procedure unless you and your employer agree to different terms, which is why it is always best to speak with your line manager.
It is common for a contract of employment to say that notice must be given in writing. This helps to avoid issues arising from resignations made in times of distress or ‘heat of the moment’ resignations.
While giving notice via text is not recommended, case law suggests that “in writing” could include multiple forms of communication including text messaging, emails, and instant messaging. However, given the risks associated with giving notice via text, such as the ease of forgery, some employment contracts may require that notice be given in person or via email.
We are here to help
If you feel that you are being made to give your notice due to an uncomfortable work environment or are being treated unfairly since handing in your notice, we may be able to help. If your employer has treated you in a way which breaches your contract (most commonly the implied right of trust and confidence) you may be able to claim constructive dismissal.
Constructive dismissal could be in the form of:
- Your employer has not taken steps to stop people harassing or bullying you.
- Your employer has you without just cause.
- Your employer has not paid you.
- Your employer has made unreasonable changes to your working conditions.
- Your employer has failed to provide a safe working environment.
- Your employer has not provided you with the support you needed to perform your role.
- Your employer has withdrawn important benefits set out in your employment contract.
For more employment advice and support on your possible next steps, please call us on 0330 107 4997 or contact us online here.
