wee bit of advice please
If a man tenders his resignation, can he then retract it within a certain amount of time and its 'as you were'? The resignation had not been accepted or rejected when the retraction was emailed. Time between resignation and retraction = 24hrs
thanks!
Quote from: J OGorman on July 17, 2012, 05:08:39 PM
wee bit of advice please
If a man tenders his resignation, can he then retract it within a certain amount of time and its 'as you were'? The resignation had not been accepted or rejected when the retraction was emailed. Time between resignation and retraction = 24hrs
thanks!
Would you not be better speaking to your line manager and saying "Here Bosco I maybe sent that resignation through a bit too hastily yesterday. Is there any way I can retract it at all??"
Quote from: J OGorman on July 17, 2012, 05:08:39 PM
wee bit of advice please
If a man tenders his resignation, can he then retract it within a certain amount of time and its 'as you were'? The resignation had not been accepted or rejected when the retraction was emailed. Time between resignation and retraction = 24hrs
thanks!
I would say "yes". You might look a bit foolish but until HR have put some wheels in motion surely you are still under your current contract.
Quote from: screenexile on July 17, 2012, 05:12:03 PM
Quote from: J OGorman on July 17, 2012, 05:08:39 PM
wee bit of advice please
If a man tenders his resignation, can he then retract it within a certain amount of time and its 'as you were'? The resignation had not been accepted or rejected when the retraction was emailed. Time between resignation and retraction = 24hrs
thanks!
Would you not be better speaking to your line manager and saying "Here Bosco I maybe sent that resignation through a bit too hastily yesterday. Is there any way I can retract it at all??"
I went through this situation myself and did like screen exile said - The boss was grand about it. I left a couple of months later anyway though. If you're unhappy somewhere it can be hard to stick it but if ya have a word with your boss I'm sure he'll understand.
No I think your fecked, your boss/company are not legally obliged to accept your retraction, unless you can get a sympathetic hearing and can demonstrate it was done under duress you're a goner. By writing a resignation letter and submitting it you are actually showing no loyalty so why would a company want to keep you on?
It simple - you'll find out whether they value your services or not. If they'd be sorry to lose you the resignation will be binned. Otherwise, well you know where you stand.
Quote from: Dinny Breen on July 17, 2012, 05:18:42 PM
No I think your fecked, your boss/company are not legally obliged to accept your retraction, unless you can get a sympathetic hearing and can demonstrate it was done under duress you're a goner. By writing a resignation letter and submitting it you are actually showing no loyalty so why would a company want to keep you on?
They are not legally obliged but any employer would be on sticky ground at a tribunal if they did not allow a cooling off period, especially if done in the heat of the moment.
Quote from: Tony Baloney on July 17, 2012, 07:19:56 PM
Quote from: Dinny Breen on July 17, 2012, 05:18:42 PM
No I think your fecked, your boss/company are not legally obliged to accept your retraction, unless you can get a sympathetic hearing and can demonstrate it was done under duress you're a goner. By writing a resignation letter and submitting it you are actually showing no loyalty so why would a company want to keep you on?
They are not legally obliged but any employer would be on sticky ground at a tribunal if they did not allow a cooling off period, especially if done in the heat of the moment.
Would they f**k!! It'd also be some bollocks who'd take them to a tribunal for not accepting the retraction of their resignation!!
Quote from: haranguerer on July 17, 2012, 07:26:07 PM
Quote from: Tony Baloney on July 17, 2012, 07:19:56 PM
Quote from: Dinny Breen on July 17, 2012, 05:18:42 PM
No I think your fecked, your boss/company are not legally obliged to accept your retraction, unless you can get a sympathetic hearing and can demonstrate it was done under duress you're a goner. By writing a resignation letter and submitting it you are actually showing no loyalty so why would a company want to keep you on?
They are not legally obliged but any employer would be on sticky ground at a tribunal if they did not allow a cooling off period, especially if done in the heat of the moment.
Would they f**k!! It'd also be some bollocks who'd take them to a tribunal for not accepting the retraction of their resignation!!
As usual you are obviously speaking from a position of pure ignorance. I know for a fact it has happened.
Dont take it personally, I'm just saying there no way in normal circumstances, an employer could be brought to a tribunal for refusing to accept a retraction of a resignation, and theres been no mention of any special circumstances in this thread.
In the case you refer to, were there special circumstances? Was it really a straightforward case of an employee handing in their resignation, then retracting it? Who won?
Surely it depends on how decent the person making the call is. If it was one of my staff I'd take the retraction as long as it came with a good explanation. People can take snap decisions and then change their minds.
Quote from: haranguerer on July 17, 2012, 07:52:33 PM
Dont take it personally, I'm just saying there no way in normal circumstances, an employer could be brought to a tribunal for refusing to accept a retraction of a resignation, and theres been no mention of any special circumstances in this thread.
In the case you refer to, were there special circumstances? Was it really a straightforward case of an employee handing in their resignation, then retracting it? Who won?
Apologies. It was in Scotland (I assume as my mate works there) so maybe different employment laws. Basically a mate of a mate fell out with his boss and told him he was quitting and the boss said alright then let's have it in writing. So he did it in the heat of the moment and after settling the head he went to the boss and asked to clear the air and retract the resignation. "Too late" says the boss. Went to tribunal on the basis that by not allowing the retraction it was actually dismissal (unfair) by the employer due to no cooling off period and based on a.potential grievance. Was settled outside the tribunal before any determination as the employer took yer man back on the basis that by that stage the cnut of a boss jad moved on. He left about 3 months after he came back anyway!
"A dismissal or resignation given in the heat of the moment may be withdrawn. However it is probable that retraction must follow almost immediately.
Once notice of resignation or dismissal is given, it cannot be retracted without the consent of the other party to the contract. It may be that one exception to this general rule is where the words of dismissal or resignation uttered in the heat of the moment may be withdrawn, provided that the retraction follows almost immediately [see Martin v. Yeomen Aggregates Ltd]".
From a very good little book, "Unfair Dismissal Your Legal Rights" by Richard W Painter.
You probably could retract it, but you could be over looked for future promotion opportunities and I'm sure they'll look unfavourably upon you.
Quote from: Hardy on July 17, 2012, 05:22:56 PM
It simple - you'll find out whether they value your services or not. If they'd be sorry to lose you the resignation will be binned. Otherwise, well you know where you stand.
. That can be reversed in that the employer will think you have no interest in being there and are going to leave as soon as a different job comes up or you are looking a pay off.
If I were the employer I would accept the retraction and then make life at work very difficult for you so that you resubmit your resignation and thus are not due a redundancy package.
Employees have far to may rights.
What sense would that make? You're just basically giving them a case for harassment??!! Why wouldnt you just not accept the retraction??
Quote from: haranguerer on July 17, 2012, 09:47:49 PM
What sense would that make? You're just basically giving them a case for harassment??!! Why wouldnt you just not accept the retraction??
I would imagine I would legally have to accept it. Life can be made very difficult for an employee without being left open to harassment accusations. You just have to be cute about it.
Not a chance would you have to accept it, unless very special circumstances
http://www.lkshields.ie/htmdocs/publications/articles/pub337.htm
Quote from: EC Unique on July 17, 2012, 09:56:34 PM
Quote from: haranguerer on July 17, 2012, 09:47:49 PM
What sense would that make? You're just basically giving them a case for harassment??!! Why wouldnt you just not accept the retraction??
I would imagine I would legally have to accept it. Life can be made very difficult for an employee without being left open to harassment accusations. You just have to be cute about it.
But as haranguerer has already said what sense would that make?
He has already submitted his resignation so all you have to do is accept it.
Why would you waste your time taking him back and then wasting your energy trying to make life difficult for him in the hope he will resign again?
We had a similar incident recently. Girl handed in her notice on a Monday, tried to retract it on the Friday but was told it was too late. She certainly won't be missed.
If legally I did not have to accept the retraction then print the p45.
Quote from: EC Unique on July 17, 2012, 10:10:35 PM
If legally I did not have to accept the retraction then print the p45.
Easier said than done. Depends on what the person is doing. There are plenty of people in our place that wouldn't be allowed to walk so a retraction would be welcomed with open arms.
Three years ago I had the best paying job I ever had, it paid more than even being self employed did, I had been there a decade and had sold my soul to be there, I couldn't do it no longer and I resigned.......................... my boss was a man i brought into the company and he ended up holding the position I once held but stepped down from, this cnut tole me i saved his marriage after i loaned him a substantial amount of money, in short i gave him a lot over the years and he benefited from it.
when I resigned I gave them six months notice, my bonus checks were top notch but i hated this fcuker as he was trying to fire everyone I had hired as people saw through him and I didnt.
bottom line, i sent out a company wide email saying i was resigning, cited he was the reason why and three weeks later he walked me to the door, I got unemployment and i also got my bonus for the two quarters I had given my notice for, plus a kicker for discrimination, in short I got to leave an 80 hour a week job after a decade and they paid me to do so, the mortgage is paid for and I don,t regret a single day i have been gone.
If you resign you should mean it, if you are hot under the collar extend your notice, that way you have put things in writing in your own terms and it puts the onus on the employer. :D
Quote from: Mac Eoghain on July 17, 2012, 10:56:59 PM
There is no right and wrong answer to this - every case will be looked at in Tribunal to establish the facts surrounding the resignation. A contract does not end when a letter of resignation ends. There are cases out there whereby the employees have won such as McCarthy v McManus.
http://books.google.co.uk/books?id=7vxgwca4umcC&pg=PA108&lpg=PA108&dq=mcmanus+v+brian+mccarthy+contractors&source=bl&ots=ziKC_hcV8F&sig=-Iw-qGDJ4IRP6u9cUI2iUmaltNI&hl=en&sa=X&ei=cN8FUKOxNIXVsgan0dW1Bg&ved=0CEYQ6AEwAQ#v=onepage&q=mcmanus%20v%20brian%20mccarthy%20contractors&f=false (http://books.google.co.uk/books?id=7vxgwca4umcC&pg=PA108&lpg=PA108&dq=mcmanus+v+brian+mccarthy+contractors&source=bl&ots=ziKC_hcV8F&sig=-Iw-qGDJ4IRP6u9cUI2iUmaltNI&hl=en&sa=X&ei=cN8FUKOxNIXVsgan0dW1Bg&ved=0CEYQ6AEwAQ#v=onepage&q=mcmanus%20v%20brian%20mccarthy%20contractors&f=false)
As there should be Mac, as there should be.
There is no hard and fast rule. Was just talking about this with a senior HR rep last week.
1. Many companies do not give a formal acknowledgement of acceptance of resignation - which is where some of them fall into a trap
2. You will have your resignation retracted IF you are someone the company wishes to retain - if you are not they will very rarely give you a chance to retract
3. If they have already offered your position in writing to another person - they cannot retract that offer and as such there is no room for you to retract your resignation - even if they wanted you to or not
I resigned from my post 6 months ago, a job I was in for over 10 years, for a job with better money, better prospects, shorter hours, but for all that I would gladly go back, sometimes it's better the devil you know!
Quote from: J OGorman on July 17, 2012, 05:08:39 PM
wee bit of advice please
If a man tenders his resignation, can he then retract it within a certain amount of time and its 'as you were'? The resignation had not been accepted or rejected when the retraction was emailed. Time between resignation and retraction = 24hrs
thanks!
Let us know how you got on.
Quote from: Tony Baloney on July 17, 2012, 08:24:25 PM
Quote from: haranguerer on July 17, 2012, 07:52:33 PM
Dont take it personally, I'm just saying there no way in normal circumstances, an employer could be brought to a tribunal for refusing to accept a retraction of a resignation, and theres been no mention of any special circumstances in this thread.
In the case you refer to, were there special circumstances? Was it really a straightforward case of an employee handing in their resignation, then retracting it? Who won?
Apologies. It was in Scotland (I assume as my mate works there) so maybe different employment laws. Basically a mate of a mate fell out with his boss and told him he was quitting and the boss said alright then let's have it in writing. So he did it in the heat of the moment and after settling the head he went to the boss and asked to clear the air and retract the resignation. "Too late" says the boss. Went to tribunal on the basis that by not allowing the retraction it was actually dismissal (unfair) by the employer due to no cooling off period and based on a.potential grievance. Was settled outside the tribunal before any determination as the employer took yer man back on the basis that by that stage the cnut of a boss jad moved on. He left about 3 months after he came back anyway!
Think this case is slightly different.
The example above is of a direct supervisor asking the individual to put a resignation in writing. And given the circumstances it could be regarded as cohersion or direct instruction from the manager.
If however the resignation was handed in without any of the above it would simply be down to how much the individual is valued as an employee.