When An Employee Resigns Without Notice, Is It Legal? (2025 Updated)

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You can’t always hold onto your employees forever – but it can be a hassle to recruit and transition to a new person.

That’s why employees are generally required to give ‘notice’ before resigning.

By requiring employees to provide notice of their resignation, the idea is that the employer has enough time to prepare for the change and ensure continuity in operations.

What happens if an employee resigns without any notice? And is it even legal in 2025?

First we need to ask the most important question – what exactly is notice?

What Is Notice, Anyway?

When an employee resigns, they may be required to inform the employer in advance that they intend to leave – in other words, to give ‘notice’ to their employer.

This notice can be provided either verbally or in writing.

The amount of notice required is often outlined in several documents – the employee’s award (set out by law), the employment contract, an enterprise agreement, or any other registered agreement. As a guide on how much notice is required, you can use this tool on the Fair Work Ombudsman website. For further insight, our updated Modern Award Compliance article reflects the latest requirements for 2025.

An employment contract can extend the employee’s resignation notice period, but it cannot reduce it below the minimum set out in an award or registered agreement.

The employee resignation notice period starts the day after the employee gives notice and concludes on their final day of employment.

Who Can Resign?

Any employee can choose to resign at any point during their employment relationship. However, there may be certain circumstances where you might question whether this option is available.

Can An Employee Resign During Probation?

The short answer is yes—employees can resign during their probation period. However, this is subject to any clauses in their employment contract or the conditions set out in their Modern Award. It’s essential to double‐check the requirements and notice periods that are documented in writing.

Can An Employee Retract Their Resignation?

Yes, employees can retract their resignation. However, it’s important to note that the employer is under no obligation to accept the withdrawal. Accepting a retraction could, in some cases, increase the risk of an unfair dismissal claim against the employer. For additional clarity on this delicate matter, you might wish to review our insights on Employment Law.

As mentioned, while there is no obligation to accept a withdrawal of resignation, there are two circumstances where an employer might be inclined to do so:

The employee resigns in the “heat of the moment”.
The employer’s actions or conduct force the employee to resign.

Can You Ask An Employee To Resign?

You can certainly have a conversation with an employee about resigning; however, this approach is generally not recommended. It can be perceived as unethical and may expose you to an unfair dismissal claim.

How Many Weeks Of Notice Do Employees Have To Resign?

Each modern award or enterprise agreement sets out different requirements. When resigning, employees should refer to the award or agreement applicable to them to confirm the required notice period.

You can check the award you’re under and determine the notice period for your situation using Fair Work’s tool. For more detailed advice on preparing your employment documents, our Employment Contract service is here to help.

What To Do When An Employee Resigns

When your employee gives you notice of resignation, you generally have two options:

Require them to work for the full notice period; or
Allow the employee to depart early and pay them in lieu of notice.

You might have valid reasons for choosing one option over the other – and that’s perfectly acceptable.

The key point is to ensure that you pay your employee everything they’re owed – including all accrued entitlements, leave balances, and, if you let them leave early, payment for the notice period.

Also, remember to secure your own interests by asking the employee to return any company property or confidential information in their possession.

What Happens If An Employee Resigns Without Notice?

Now we’re onto a trickier situation: resignation without notice.

You can’t force an employee to show up at work every day, and sometimes an employee may choose to leave immediately without providing the required notice.

So, what stops an employee from resigning abruptly and not showing up for work?

Aside from legal obligations, many employees wish to avoid burning bridges. Maintaining a good relationship can be beneficial for obtaining future references and preserving a valuable professional network.

In addition, there is often a financial incentive for employees to honour their notice period. Recent guidance in 2025 clarifies that if an employee fails to provide the required notice, an employer may be entitled to withhold an equivalent amount from the employee’s final pay – this is always subject to the terms of the applicable award or agreement.

You should carefully review the relevant award, employment contract, or registered agreement to understand what rules apply in your circumstances.

What Happens If An Employee Gives Too Much Notice?

Occasionally, you might encounter a highly organised employee who provides more notice than is required. As the employer, you are under no obligation to accept this extra notice.

You only need to manage the employee for the minimum notice period stipulated by law or your award.

If an employee gives extra notice, it is advisable to inform them whether you expect them to work the full notice period or only the minimum required.

What To Take Away…

Employee resignations can be challenging, but when an employee gives notice, it provides you with the opportunity to organise a smooth transition. Most of the time, sufficient notice allows you to manage workload redistribution and plan for a replacement.

Conversely, if an employee fails to provide any notice, you might not be required to compensate them for a notice period they did not serve.

Keeping track of your employees’ notice periods and having clear policies in place makes managing transitions much easier.

Furthermore, recent legislative updates in 2025 have enhanced the clarity around notice periods and final pay deductions. This means employers now have better guidance on how to handle abrupt resignations in accordance with current Fair Work regulations. For personalised advice and to ensure your employment policies are up-to-date, feel free to explore our contact page to speak with our experienced business lawyers.

Minna Boyle

Minna is the Head of People & Culture at Sprintlaw. After completing a law degree and working in a top-tier firm, Minna moved to NewLaw and now manages the people operations across Sprintlaw.

Tomoyuki Hachigo

Tomo is the co-founder of Sprintlaw and a commercial lawyer with a broad range of legal experience. Before starting Sprintlaw, he was an M&A lawyer at a top-tier law firm advising businesses of all sizes from large corporates to startups.