An employee who works with us handed in her resignation two weeks ago and proceeded to work her required notice period and is currently still in employment. This employee has now reneged and has requested to withdraw her resignation. Does the employer have an obligation to fulfil the employee’s request?Posted in : First Tuesday Q&A NI on 6 September 2016
The starting position here is that, once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn. In order for the resignation to be withdrawn, both parties need to consent to the withdrawal.
However, employers should exercise particular caution where an employee has resigned using words or actions that are ambiguous or, where the employee has unambiguously resigned, but that he or she has done so in the so-called “heat of the moment”. In this case, it would appear that the employee has submitted a written resignation and so it is not ambiguous. Case law has demonstrated, however, that even where there has been an unambiguous resignation, there are
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Back to Q&A's This article is correct at 06/09/2016
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