Resignation

[haranguerer]

What sense would that make? You're just basically giving them a case for harassment??!! Why wouldnt you just not accept the retraction??

[EC Unique]

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.

[haranguerer]

Not a chance would you have to accept it, unless very special circumstances

http://www.lkshields.ie/htmdocs/publications/articles/pub337.htm

[Jonah]

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?

[All of a Sludden]

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.

[EC Unique]

If legally I did not have to accept the retraction then print the p45.

[Tony Baloney]

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.

[stew]

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.

[stew]

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

As there should be Mac, as there should be.

[Puckoon]

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

[Cold tea]

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!

[LeoMc]

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.

[Bensars]

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.