What are the employers options when, following a disagreement, an employee provides a written resignation, however changes their mind soon after and asks for their job back?

Posted in : First Tuesday Q&A NI on 4 October 2011
Emma-Jane Flannery
Arthur Cox

Once an employee has validly presented their resignation and the employer has accepted it, the employee does not have the right to unilaterally withdraw his or her resignation. However, employers should tread carefully when immediately accepting the resignation where it was either ambiguous, given “in the heat of the moment” following a disagreement, or where special circumstances (such as pressures on the employee) exist that may suggest the employee had no genuine desire to resign.

Case law on this point has indicated that when resignation takes place in the heat of the moment, or if a

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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