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
Chris Fullerton
Arthur Cox

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starting position here is that, once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn. In order for the resignation to be withdrawn, both parties need to consent to the withdrawal.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

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Back to Q&A's This article is correct at 06/09/2016
Disclaimer:

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.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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