Heat of the moment resignations

If an employee resigns in the heat of the moment and then promptly wants to withdraw their resignation - how would you deal with this and what are the possible consequences of not allowing them to retract?

Generally, when an employee resigns, they cannot just withdraw it because they’ve changed their mind, the employer would need to agree. But not allowing them to retract can then be considered a dismissal in these types of circumstances. The risk is that you could then have a potential tribunal claim on your hands.

In these circumstances what should you consider?

• Was the employee under extreme stress or pressure at the time of the resignation?

• Were they coerced by a manager?

• Are they new or inexperienced in the workplace?

• Was the resignation as a result of an argument or disagreement?

• Was the resignation ambiguous? Using a phrase like ‘I’ve had enough of this”.

What is the best action to take?

• Ask the employee if it was their intention to resign - if it was, request the resignation in writing.

• Allow a reasonable period of time for them to consider their resignation (a cooling off period).

• The employee could turn up at work the next day - when this happens, you should seriously consider allowing them to retract - even if you need to consider disciplinary to manage the conduct.

• If you don’t know the reason why they resigned, find out - ask questions - is there anything of concern that might need investigating?

In circumstances where the business have a desire for a particular employee to leave, they may be quick to accept and confirm the resignation and unwilling to accept a retraction. Employers should always respond carefully when an employe resigns in the heat of the moment.

So if this happens in your business, give it some thought, review the situation, think about the risks.

If you need support with this or any other people problem get in touch with Stanley & Davis and we can provide guidance and advice.