Withdrawing a resignation?

There are no formal requirements for a resignation and there is no need for the employer to accept a resignation. Once an employee has resigned, the basic position is that unless the employer consents, an employee cannot withdraw his or her resignation.

If an employee resigns (that is resigning unambiguously) in the “heat of the moment”, then special circumstances can apply. An employer should investigate the matter and ascertain the employee’s true intention. An employer may allow the employee a cooling-off period in order to ascertain if any other matters arise to cast doubt on whether the employee really meant to resign. What is reasonable will depend upon the facts of the individual case.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk