Employment rights
Can you change your mind after handing in your resignation?
Our employment law specialists clarify whether you can retract your resignation after giving notice and what constitutes a formal resignation.
Resigning from your job is a significant decision that requires careful consideration to ensure it is the right choice. However, there are times when you might not have the luxury of time and may resign out of frustration. It is also possible to feel confident about resigning initially, only to later realise it was a mistake. In either of these cases, it is understandable that someone could try and retract their resignation. It could also be argued that some resignations are not valid due to the circumstances in which they were given.
Retracting a resignation
Once you have served a valid notice, it is in effect even if there has not been an acknowledgement from your employer. Unless there is something stated in your contract saying otherwise, you have no legal right to take back your resignation. It is at the complete digression of your employer if they offer you your job back in these scenarios. This is a key reason why it is imperative to consider a decision like this carefully before giving notice.
Heat of the moment resignations
While it is not advisable to decide to resign when in an emotional state, it does happen. These are called ‘heat of the moment’ resignations. Your employer should give you a ‘cooling off’ period in these situations because in the cases they do not, an employment tribunal could see this as an unfair dismissal. This can be seen in the case of Robert S Rae v Wellhead Electrical Supplies Limited.
The tribunal found that the employer acted unreasonably when it accepted a director’s resignation without giving him a cooling off period. The Court of Appeal has outlined some “special circumstances” which may indicate that an employer should not rely on an otherwise clear resignation. These circumstances include:
- An immature employee.
- A decision taken in the heat of the moment.
- An employee being pushed into a decision by their employer.
How can we help?
Our employment law team understand the complexities of dealing with workplace claims and the need for empathy during what is usually a challenging time. We are well-equipped to support you through every stage of your employment dispute, from initial discussions to potential escalations.
If you feel your dismissal was unfair, call us today on 0330 107 5030 or contact us online.
