Resignations seem fairly simple, and most of the time they are. I have previously been asked by employees to draft their letters of resignation in relatively straightforward cases. I tend to tell these people that it’s really not worth incurring solicitors fees to prepare such a simple letter which simply confirms that you are tendering your resignation and the last day of your employment. However in some case it can be infinitely more complex than this.

One of the complexities surrounding resignations is whether they can be withdrawn once they have been tendered. The answer here is a frustratingly ‘lawyerly’ answer of: it depends.

In general, the answer is no. A resignation cannot be withdrawn once it has been tendered and accepted without the agreement of both parties.

The nuance comes with resignations tendered in the heat of the moment. Here the employee may have a limited opportunity to change their mind. However there are certain caveats to this:-

1. A formal written resignation will rarely be considered in the heat of the moment. ‘Heat of the moment’ resignations tend to be verbal resignations given at in a moment of anger or upset. They do not tend to be well thought through and are usually a statement along the lines of ‘I’ve had enough of this, I am off’.  If the employee has taken the time to sit down, write out their resignation, and present it to their employer, they will normally be deemed to have had enough time to think their decision through

2. Previous case law suggested that there should be a set of special circumstances such as an immature employee, personal circumstances which would require the employee acting out of character, or the employee being jostled into their decision by their employer.  However more recent case law has shown some doubt as to whether this is actually required.

3. Finally, resignations made in the heat of the moment should normally be withdrawn within a reasonable time. This will depend on the circumstances of the case but is normally only a couple of days at most. In most cases it will be much less than this. In the case of Ali v Birmingham City Council (2008) the employee was found to not be able to withdraw his resignation four days after he made it. The employee had resigned in the heat of the moment, and the employer had given him a thirty minute opportunity to reflect. After this thirty minutes the employee had not calmed down and confirmed that he wanted to resign. In the circumstances, the employer was entitled to rely on it.

In summary, a clear and unambiguous resignation will be extremely hard to withdraw without the agreement of both parties.

Employees should be careful purporting to resign in the heat of the moment. Generally speaking, where an employee gives their notice in clear and unambiguous terms, even if those terms are verbal, the employer is entitled to rely on it and to treat the employee’s contract as terminating in accordance with its terms.

From the employer’s perspective, it is useful to confirm that an resignation has been accepted in writing and confirm the terms on which the employee’s employment will end.  Many of the cases concerning heat of the moment resignations also involved the employee been unclear on the employer’s position and whether their resignation was considered valid by the employee.

If you have any queries regarding ending employment, please do not hesitate to contact Arvin Sandhu by email or on 01494 893542.