What do you do when an employee wants to take back their resignation? Do you have to accept it
In most circumstances, once an employee has given their resignation, the employer is not obliged to take back the employee if they attempt to rescind the resignation. However, an important exception to the law is if an employee resigns ‘in the heat of the moment’.
In cases where a resignation has been received ‘in the heat of the moment’ or adverse circumstances – such as delivered verbally during an angry outburst – case law has now determined that employers should insist they receive written confirmation of the resignation within a reasonable time period, allowing the employee time to ‘cool off’.
An unfair dismissal claim was recently upheld where an employer refused to accept a resignation withdrawal after an employee reconsidered her actions following a volatile outburst and decided she wanted to remain employed.
For an effective resignation, an employee must make an unequivocal statement expressing their unambiguous decision to resign and provide this in writing. The resignation should also include a specified date as the end date of their employment (no sooner than the minimum notice period)
Key action points for employers:
- When an employee fails to give clear notice of resignation or there are special circumstances leading to their departure (eg where resignation occurs in the heat of the moment or while under extreme pressure), employers should clarify the resignation with the employee and ensure it’s confirmed in writing.
- Keep good records reflecting the reasons for an employee's termination or resignation, especially notes of discussions with the employee about unsatisfactory work performance or conduct and the expectations that were set.
- Conduct an exit interview whenever possible.
- Ensure all Company Property is returned before the last day of work.
Clients of Your HRdocs can access a Confirmation of Resignation template letter for employees which confirms their resignation and post employment obligations regarding confidentiality and information security; and also a Resignation/Termination Checklist. If you need assistance with terminations, resignations or unfair dismissal claims please contact us.