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One of my employees has resigned but now wants to take back their resignation.

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An employee can resign unilaterally, i.e. you do not need as an employer to “accept” their resignation for it to be valid.

However the basic position is that the employee does not have the right to unilaterally take back their resignation. This is because it is now a “request to be employed” which both parties must want.

You can consider their request, and may allow them to retract, but you can also continue to “accept” it and the employee has to deal with the consequences of their actions.

If the resignation was made in the heat of the moment, then you should give the situation a couple of days to cool off. Then make a final decision as to whether the employee really meant to resign or not. If you do not allow a cooling-off period and immediately accept a resignation made in these circumstances, then a tribunal may decide that the employee did not in fact resign, but was dismissed. This is only the case for spur of the moment resignations; normal resignations can be “accepted” immediately.

If you are actually relieved that the employee has resigned, and it is no “heat of the moment” resignation, you are free to accept the resignation and breathe a sigh of relief!

“Gap HR Services proactively help us implement employment law to protect our business. Carolyne regularly keeps us updated on any changes that could affect us. She is also always available to come in and help with recruiting new staff, as well as disciplinaries, etc. Gap HR offers us an individual and personal service which sets them apart from the generic legal advice lines out there.” Chris Brownlee, Managing Director, Worknet

Have a Question? Get in touch below...

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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Posted in: Contracts of Employment

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Mark Ghafoor, KCC Basildon

“Whether it’s a simple question or a more complex query, GAP HR have ensured that we have the most up to date knowledge of current legislation and processes to ensure we can offer the best support to our teams.
It is reassuring to know that expert advice is only a phone call or video conference away!”

Deb Green, Vermatech Pest Control

“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Justin Wilkie, 2Excel Logistics

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Ashley Lewis, Wallingford Tiles and Bathrooms

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Helen Gordon, Kitecreative

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“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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