The general rule when an employee resigns is that the employer accepts it. If the employee later changes their mind and wishes to stay in their job, it is usually up to the employer whether or not the employee is permitted to retract their resignation.

However, case law has shown that employers must tread carefully when a resignation is made in the heat of the moment. If the resigning employee is angry or emotional, it is best to allow them a day or two to calm down and then write to them, offering them the chance to change their mind. Verbal resignations should be requested to be put into writing, and even written resignations should not be assumed to have been made rationally.

Ambiguous words and actions, such as walking out of the office saying, ‘I’m finished with this!’  should not be presumed to be a resignation, as the person may mean that they have had enough of a particular conversation, rather than their job in general.

The case of Omar v Epping Forest Citizens Advice in 2023 provided guidelines to follow when deciding whether a resignation was valid. It must be clear to a hypothetical reasonable bystander that the employee genuinely intended to resign, and that they were in their right mind when doing so. They should not have been subject to external pressures, such as a colleague bullying them, or a boss suggesting that they would be dismissed if they don’t leave of their own accord. However, the resignation does not necessarily have to be a sensible or well thought out decision overall.

Employers who do not offer employees the chance to retract a hastily-made resignation may face a tribunal claim against them for unfair, wrongful, or constructive unfair dismissal, or discrimination.

The 2024 case of Mrs S Bradley v The Royal Mint Limited showed the seriousness of accepting a hasty resignation, especially where mental illness is present. Mrs Bradley was a high-earning employee who struggled with depression, anxiety and ADHD, which made her impulsive and sensitive to criticism. A few months after changing her medication, she verbally resigned in June 2022, following this up in writing. Mrs Bradley had tried to resign on two previous occasions, but her boss had persuaded her to take some sick leave instead. Mrs Bradley approached her boss shortly after her latest resignation and asked her whether they could talk, saying that she needed help with her mental health. However, this time her boss did not suggest sick leave, but said that the resignation had already been confirmed and approved. An employment tribunal confirmed that the employer had discriminated against Mrs Bradley, who is now seeking a payout of £1.7 million.

It can be tempting for employers to happily accept a resignation from a problem employee and process it quickly, perhaps offering the employee a payment in lieu of notice. However, our advice is to think carefully about whether the employee meant what they said and, if there is any doubt, to allow them the opportunity to change their mind.

If you have any questions, please contact us for advice by emailing enquiries@perspectivehr.co.uk or by phoning 01392 247436.