Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.  

This month's question:

What happens if an employee resigns and then attempts to retract their resignation?

As a general principle of UK employment law, a clear and unambiguous resignation takes effect once it has been communicated to the employer. Acceptance by the employer is not usually required and a resignation cannot ordinarily be withdrawn without the employer's consent.

Consequently, where an employee resigns and subsequently changes their mind, the employer is under no legal obligation to permit the employee to retract their notice or remain in employment. Once valid notice has been given, it remains effective unless both parties agree otherwise, even where the notice period has not yet expired. An employee who wishes to withdraw their resignation should notify their employer as soon as possible (preferably in writing).

However, an important exception arises where the resignation was given in the heat of the moment or in other special circumstances indicating that the employee was not acting rationally. Courts and tribunals have recognised that words spoken during an emotional confrontation, whilst distressed, under significant stress or where judgement is otherwise impaired may not necessarily amount to a valid resignation. The key question is whether a reasonable employer would have understood that the employee genuinely intended to resign or whether the statement was an impulsive reaction made without proper reflection. Special circumstances may include situations where the employee was acting emotionally, under pressure or otherwise did not display a clear and settled intention to resign.

Employers should therefore exercise caution before treating an apparently emotional resignation as final. If a resignation appears to have been made impulsively, an employer will usually be expected to allow the employee a reasonable opportunity to reconsider their position. Where an employer accepts an obviously impulsive resignation without such an opportunity, a tribunal may conclude that there was no valid resignation and that the employment was instead terminated by the employer – this could give rise to an unfair dismissal claim.