A question faced by many employers is how to deal with an employee who resigns and subsequently attempts to retract that resignation. It is well-established that, in most circumstances, where notice of termination has been given by either party, it cannot be withdrawn without the other party’s consent. This is a sensible rule which brings clarity and certainty to the employment relationship.
However, the Employment Tribunals have tended to make allowances for “heat of the moment” behaviour, where the employer dismisses or the employee resigns and immediately has a change of heart. Where it is clear that the action of the employer or employee has been impetuous or rash, Tribunals generally consider that there should be an opportunity for the words to be withdrawn.
Employers will also be familiar with the situation where an employee resigns and, whether out of a desire not to lose the employee, or an attempt to forestall potential Tribunal proceedings, they try to get the employee to change their mind.
In Chelmsford College Corporation v Teal UKEAT/0277/11 an employee employed on a fixed-term, zero-hours contract resigned with immediate effect when her claim for overtime pay was refused. Her employer invited her to a grievance hearing at which it confirmed that her overtime would be paid and the employee retracted her resignation. During the time when her grievance was being resolved, the employee carried out no work for the employer, which then wrote to her to inform her that she would not be paid for the intervening period. The employee raised a grievance about not being paid and, after that was rejected, she resigned again and brought Tribunal proceedings. The question before the Tribunal was whether the employee’s employment had ended with the first or second resignation, as it affected whether her claim had been brought in time. The Employment Tribunal and, subsequently, the Employment Appeal Tribunal, found that the Claimant had remained in employment until her second resignation. Both Tribunals considered that the first resignation had been clear and unambiguous and was not in the heat of the moment and, therefore, the employer had been under no obligation to invite her to withdraw it. However, after the employee, at her employer’s suggestion, agreed to withdraw the resignation, her employment continued as though the resignation had never happened.
Also, think carefully before inviting an employee to withdraw their resignation: consider all the ramifications, in particular, what you will do if they say yes.
Another year is almost over and with less than 50 shopping days before Christmas, you may also be thinking about a career move in the New Year. Why not consider a job in Basingstoke? Located in Basing View, one of Basingstoke’s growing business communities, Wote Street People know what a great place Basingstoke is to[…..]
“Graduates want more from life – we know we’re going to live ‘til we’re 100, have five different careers in our lifetimes, so we want to enjoy ourselves.” The summer months always see an influx of enthusiastic graduates, fresh from universities and business schools across the UK; looking to establish their career path and land[…..]
According to the CIPD report, women over the age of 50 are the fastest growing segment of the workforce. So, why do so many suffer from age discrimination? Possibly it’s to do with the common, but sometimes misunderstood symptoms that affect lots of women between the ages of 45-55, including hot flushes, headaches, aches and[…..]
Maxine Hart, our Operations Director, won the ‘Above and Award’ at the Place to Be Proud of Awards, which took place at the Haymarket Theatre in Basingstoke recently. Destination Basingstoke runs the annual Place to Be Proud of Awards, which are hosted to recognise important contributions to Basingstoke’s community made by local individuals and organisations.[…..]
Summer is a supposedly idyllic time of year that most people look forward to. Warm days at the beach, refreshing drinks in the garden, delicious ice creams in the park… But if you’re a hiring manager looking after roles that need to be constantly resourced – such as reception, call centre, or warehouse – it[…..]