Withdrawing a Resignation

The law describes employees who hand in their resignation (notice) without properly thinking through the consequences as having resigned in the ‘heat of the moment’.  Like managers who fire employees on the spot,  the law does allow a cooling off period to a degree.

Advice for Withdrawing a Resignation

If you have walked out of the office after a heated exchange with your boss and are now regretting it then the chances of keeping your job will depend on which of the following categories you fall into.

If you fall into category (b) above then your employer should still allow you a cooling off period.  In the case of Kwik-Fit (GB) v Lineham [1992] ICR 183 it was held that an employee would be allowed to retract the resignation if the words spoken were in anger or if the intellectual capability of the employee is in question.  An employer who refuses to allow a reasonable retraction would have effectively dismissed you.  In such circumstances you could bring a case for unfair dismissal.

If you have resigned in the heat of the moment and your employer is refusing to allow you to withdraw your resignation we may be able to help you.  Call our legal helpline for free, no obligation advice on [phonenumber].