Staff resignation
If a staff member wishes to stop working for an MP, he or she must provide a letter of resignation, giving the MP the number of weeks’ notice as stated in their contract.
For contracts from 10 April 2017, if the staff member is still within their probationary period and wishes to leave, they need only give one week’s notice to the MP. In all other cases, the staff member should provide their MP with the notice period that is within their contract of employment.
When this is done, the staff member should finalise their leaving date with the MP and discuss what will happen during the notice period. It may be practical for the staff member to take any accrued but untaken leave during this time, or any possible accrued time off in lieu.
Remember, leave is only accrued up to and including the last date of employment.
The staff member may ask to leave earlier than the end of their formal notice period and the MP may agree to this. If this happens it is a mutually agreed leave date and this date will be used for all calculations (for example, salary and annual leave). If this occurs, the staff member will NOT be paid for any remaining time in the notice period.
As soon as the last day of employment is agreed upon, the person leaving should complete their own online Leaver Forms.
Read more about Using the Staff Leaver Form in IPSA Online.
For more information about contractual notice periods, visit Finding your notice period.
Unused annual leave
Staff members should complete the annual leave section on the Leaver Form.
If the staff leaving has unused annual leave carried over from a previous calendar year, they should include the number in the form description field.
If the person leaving needs help to calculate their pro-rata leave entitlement for the amount of the year worked, they can visit Calculating and managing your annual leave entitlement.
In IPSA Online, the staff absence balance screen shows the total entitlement until the end of the calendar year for a permanent staff member, or until the end of a fixed-term contract for a temporary member of staff.
Payment in lieu of notice (PILON)
It is usual for staff members to work throughout their notice period, but the MP can stop this requirement and pay the staff member for some or all of their notice period in lieu of working. This is discussed between the MP and the staff member and will be outlined on the leaver’s form clearly stating the number of days or weeks that should be paid in lieu.
Visit Calculating and managing your annual leave entitlement to help work out the costs of this.
PILON will come out of the MP’s general staffing budget, or from the Contingency budget if the MP is leaving office.
PILON is a non-pensionable payment. This means that neither the member of staff nor the MP, as the employer, make any pension contributions against this payment.
For more information about contractual notice periods, visit Finding your notice period.
The MP ending the contract of employment
It may be necessary for the MP to end a member of staff’s employment for a reason other than their resignation. Such a situation may include dismissal for conduct or capability reasons, or redundancy when the MP restructures their office and some job roles are no longer required. More usually it is because of a general election when the MP has decided not to stand for re-election or loses their seat.
In any of these circumstances, an MP is required formally to give their staff notice that their employment is ending for one of the above reasons or others. In each case, an appropriate process must have been followed before the notice was given. For redundancy, this must include consultation with the staff member(s).
Guidance for all circumstances will be given by Members’ HR, who can be reached on 020 7219 2080 or by email to: membershr@parliament.uk
Once the last day of employment has been agreed MPs or their office managers should complete a Leaver Form and attach a copy of the notice letter signed by both parties.
Read more about Using the Staff Leaver Form in IPSA Online.
Unused annual leave
The notice letter should refer to the amount of unused annual leave on the final day of employment. It should clearly outline any annual leave carried over from a previous calendar year, and the annual leave accrued during the current calendar year.
If the person leaving needs help to calculate their pro-rata leave entitlement for the amount of the year worked, they can visit Calculating and managing your annual leave entitlement.
In IPSA Online, the staff absence balance screen shows the total entitlement until the end of the calendar year for a permanent staff member, or until the end of a fixed-term contract for a temporary member of staff.
Transferring your accounts
If you are an MP's proxy and/or an office manager and you are leaving your role, please ensure you have transferred your responsibilities for utility and other bills to your replacement, including updating the email address held with your provider.
Ending a fixed-term contract
A fixed-term contract usually ends on the last date of the contract, unless terminated earlier by the employer or staff member giving notice in line with their contract of employment.
If the MP does not wish to extend the contract, to remove any ambiguity, they should confirm with the staff member ahead of time that their contract will finish on the last date.
If the staff member on a fixed-term contract has to have their contract ended early because of redundancy after a general election, they must be treated in the same way as other staff members.
This will mean consulting with the employee and giving notice in line with their contract of employment.
If a staff member is not told that the contract is ending and they arrive for work the day after the contract end date and this is accepted by the MP the staff member will be considered to have ongoing employment and continuous service.
Please remember that if the staff member has more than two years’ continuous service at the end of the contract, or when their contract is terminated, they will qualify for a redundancy payment.
When the staff member is made aware their contract is ending on their contract's end date (or extended end date), the person leaving should complete their own online Leaver Form
Read more about Using the Staff Leaver Form in IPSA Online.
Unused annual leave
Staff members should complete the annual leave section on the Leaver Form.
If they have any unused annual leave that has been carried over from the previous calendar year, they should include the number of days in the form description field.
If the person leaving needs help to calculate their pro-rata leave entitlement for the amount of the year worked, they can visit Calculating and managing your annual leave entitlement.
In IPSA Online, the staff absence balance screen shows the total entitlement until the end of the calendar year for a permanent staff member, or until the end of a fixed-term contract for a temporary member of staff.
Apprentices
Apprentices have a specific contract of employment based on their activities. Apprentices are a specific type of fixed-term contract. Therefore if the contract needs to be ended before the natural end date, such as after the MP stands down or loses their seat at the General Election, they must be treated like all other staff on fixed-term contracts and made redundant following the appropriate process.
Contracts for apprentices vary in length depending on their programme and this may mean that the staff member may not have enough length of service to qualify for a redundancy payment.
In addition, the MP will have an agreement with a college to provide the education element of the apprenticeship. The MP should also raise this issue with the college so they are aware of the situation before making the staff member redundant.
Notice periods
In all cases, staff must be given the correct amount of notice.
For contracts generated before 4 July 2024, staff should check the notice period stated in their contract of employment/agreement. The notice period should be clearly indicated in the key terms document for contracts/agreements generated on or after 5 July 2024.
There can be a difference between contractual notice (the notice period in the contract) and statutory notice (the legal requirement to provide appropriate notice based on length of service – this increases by one week per year up to a maximum of 12 weeks for staff with more than four years’ service).
Staff must receive notice that is the longer period of the two.
For information on what happens during a general election, visit MPs leaving Parliament and Information for Staff.
Probation
All contracts or agreements generated since 5 July 2024, should clearly state whether a probation period applies or not, the length of that period, the length of any extension and the notice period during a period of probation.
For contracts from 10 April 2017, if the staff member is still within their probationary period and wishes to leave, they need only give one week’s notice to the MP.
Notice period calculation
The notice period is whichever is higher between the contractual or statutory notice period
(see Notice periods, above).
The MP, as the employer, provides the staff member with a dismissal notice letter which is
signed by both. The date this letter is issued is used to determine that the
staff member has been made aware on this date that notice has been served.
The first calendar day after this letter is dated is deemed to be the starting point for calculating the notice period.
The period up until the last working day of employment is then calculated based on the number of working days for the staff member.
It is strongly recommended that the MP provides as much notice as possible to allow the staff member to work their notice period and to reduce the cost to the taxpayer. It may not,
however, always be possible and in some instances, PILON may need to be paid.
Example:
Dismissal notice letter dated 25 September 2018
Contractual notice period = eight weeks
Staff member’s last working day 31 October 2018 – (staff member is full time and works five working days per week).
Notice period begins 26 September 2018
Five weeks and one day worked from 26 September – 31 October 2018 = 5.20 weeks
8.0 weeks-notice due – 5.20 notice worked = 2.8 weeks’ PILON due to be paid
2.8 weeks count from 1 November 2018 – 27 November 2018
Monthly salary calculated based on working days for this period is then paid to the staff
member in their final pay
Last day of employment
The end of a staff member's employment is the last day they worked.
If they cannot work their entire notice period, they will be paid PILON as outlined above.