Courts are sensitive to the circumstances surrounding a resignation. They understand that people can sometimes act irrationally when emotions run high and they therefore take a contextual approach when deciding if a resignation can be retracted.
Given the vulnerability of unemployment, they often rule in favour of the employee. Generally speaking, there are three factors that impact whether or not you will be able retract your resignation:.
Did your actions and words clearly indicate that you wanted to resign? Your ability to retract a resignation will depend largely on the circumstances at the time of your resignation and at the time you attempt to rescind your resignation.
Have they invested time or resources into hiring someone new or managing your absence? Your best bet is to rescind it before your employer expressly accepts your resignation. If your employer has already accepted your resignation, the chances of you being able to successfully rescind it will have diminished. The employer will need to carefully assess both the situation itself and their knowledge of the employee, considering both:.
A further circumstance in this case was the desire of two other directors to be rid of Mr Rae, which was held by the Tribunal to have coloured the way they handled the resignation. The judgment also noted that Rae's decision to resign was not made in writing, which was a requirement of the company.
Employers should therefore ensure that their staff handbook and employment contract wording match the position they wish to take on resignations and how they are handled. If, after reading this article, you feel you need to take another look the way your company handles resignations and their aftermath, why not talk to our rradarstation advisors?
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The notice clause All employment contracts should contain a notice clause setting out what both the employer and employee have to do to terminate employment. Does an employer have to accept a resignation? Are there any exceptions to withdrawing a resignation? Can refusing to accept a withdrawn notice count as unfair dismissal?
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