Resignation

[J OGorman]

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!

[screenexile]

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??"

[Tony Baloney]

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.

[Asal Mor]

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.

[Dinny Breen]

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?

[Hardy]

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.

[Tony Baloney]

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.

[haranguerer]

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!!

[Tony Baloney]

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.

[haranguerer]

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?

[seafoid]

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.

[Tony Baloney]

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!

[playwiththewind1st]

"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.

[ziggysego]

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.

[EC Unique]

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.