RESIGNATIONS - 10.01.2011

Just asking to withdraw a resignation

Resignation dilemma

A subscriber has contacted us with a query on resignations: what’s the legal position where an employee who has given their notice in writing later asks to withdraw it? It turns out that they have a manager who recently gave her required one month’s notice. Now, two weeks into that period, she’s insisting that they disregard it. Apparently, she wants to stay on as her previous job offer fell through.

The subscriber’s problem

The trouble is that her decision to leave was actually a blessing in disguise for our subscriber. She wasn’t exactly a model employee and had rocked the boat on more than one occasion. So what does the law say here? Must our subscriber allow this employee to withdraw her resignation or can they safely decline the request?

It’s been confirmed

This is clearly a case of an employee who has changed their mind to suit themselves. In this situation, there’s absolutely no need for our subscriber to agree - the employee’s earlier written resignation still stands and they are well within their rights to hold her to it.

Tip 1. Where an employee resigns voluntarily there is no dismissal. This has advantages for you, i.e. they won’t later be able to bring claims for redundancy, wrongful or unfair dismissal.

Tip 2. Always acknowledge a resignation in writing and confirm important information, e.g. their last working day, outstanding holiday, availability of their P45, etc. (see The next step).

Do you need a reason?

Where an employee asks if they can withdraw a resignation and you refuse, there’s no need to provide them with reason(s) for your decision; in fact, it’s probably better if you don’t say anything about it at all.

Tip. Reply to this type of request along the following lines: “We acknowledge receipt of your request to withdraw your recent resignation. Unfortunately, the Company is unable to accommodate it and your contract will terminate on .....(insert date). We wish you every success in your future career.”

It’s only verbal

But suppose that the employee only said verbally that they would be leaving, what then? This situation is trickier. Although a resignation doesn’t have to be given in writing, it’s safer for you if it is. Unless it’s specific, e.g. “I am giving you my notice period and will be leaving on X date”, it’s unlikely to be valid.

Note. The tribunal would treat an unclear verbal resignation as an intention to resign, i.e. the employee was thinking of leaving but didn’t actually serve the required notice.

Tip. To avoid any uncertainty, insist that all resignations are given in writing. Set this out in a resignation policy along with the procedures for an employee’s last day, e.g. handover of work, return of company property and exit interview.

For a free sample response to resignation (PS 13.02.05A) and for a free sample resignation policy (PS 13.02.05B), visit http://personnel.indicator.co.uk.