Late Teacher Resignations
The end of May marks an important HR deadline for many schools: the final date by which teaching staff must resign if they wish to leave their post at the end of the academic year. But what happens if a teacher misses this deadline and still requests to leave on 31 August?
Resignation deadlines and the Burgundy Book
Under the Conditions of Service for School Teachers in England and Wales (commonly known as the Burgundy Book), teachers employed in maintained schools (and academies adopting the same terms) must give a minimum of three months’ notice to be submitted on or before 31 May if they wish to leave employment on 31 August.
This notice period is designed to give schools sufficient time to recruit a suitable replacement before the start of the new academic year. However, late resignations (i.e. those submitted after the 31 May deadline) do occasionally arise, creating operational challenges for school leaders.
What should we do if a teacher resigns late?
If a teacher submits their resignation after 31 May and asks to leave at the end of August, you are not obliged to accept their preferred end date. Below are your main options, with considerations for each:
- Refuse the request (which you are legally entitled to do) and insist on the teacher working until 31 December.
- Consider whether you will get the best from the teacher if you hold them to this date-will they be disengaged or demotivated?
- Could there be a risk they may go off sick or leave early regardless of the contractual position?
- Consider the impact on pupils if a teacher will leave part way through the academic year.
- Exercise discretion and agree to the request
- Can the school manage the loss of the teacher without significant disruption?
- Are there internal options to cover the vacancy, such as redeploying existing staff or engaging a supply teacher?
- Be aware that recruiting for a September start after the resignation deadline may be challenging, as most teachers are already committed
- Weigh up whether it is better to allow the teacher to go and focus on managing the gap proactively.
- Explore a compromise or a conditional release: this may include setting an alternative leaving date or agreeing an earlier release if a replacement is found:
- Explain the practical reasons why you may not be able to agree to a 31 August departure
- A negotiated solution is more likely to maintain goodwill and cooperation
- Ensure any agreed variation is confirmed in writing.
Maintain consistency and fairness
It’s essential to treat similar cases consistently to avoid perceptions of unfairness, favouritism or claims of discrimination. If you’ve previously declined or accepted late resignations, ensure your rationale is documented and your current decision aligns with your usual approach - unless there are clear, justifiable differences.
Preventing Future Late Resignations
While not all late resignations are avoidable, there are steps you can take to reduce the likelihood:
- Include resignation deadlines in annual HR briefings or staff updates.
- Encourage early, open conversations with staff about their career aspirations while keeping discussions general and focused on support. Avoid asking questions or making assumptions that relate to protected characteristics -such as age, pregnancy or health, to ensure the conversation remains inclusive and non-discriminatory.
Final Thoughts
Late resignations can be disruptive, but schools have the discretion to manage them in a way that balances operational needs with individual circumstances. Whether you enforce the contractual date, allow an early departure, or seek a compromise, it’s important to approach each case thoughtfully and fairly.
Contact us
If your school receives a late resignation and you’re unsure how to proceed, please contact us for tailored support:
Tel: 0330 123 2542 • Option 1
Email: hradvisoryservice@strictlyeducation.co.uk
