When Will a Resignation Be Effective?

Resignations aren’t always clear-cut situations, so here’s a quick look at how circumstances can affect them and some points to consider when faced with resignations made in different types of cases. The general rule in relation to resignations is that: ‘A resignation is a unilateral act which, if expressed in unambiguous and unconditional terms, brings a contract of employment to an end. The contract cannot be reconstructed by the subsequent unilateral withdrawal of the resignation. Where adequate notice is given, the contract is generally terminated in accordance with its terms and since there is no repudiation the acceptance of the resignation by the employer is not required in order to determine the contract.' (Millett v Shinkwin ED/03/33) However, if there are circumstances surrounding the resignation which cast doubt on whether the resigning employee actually intended to resign, an employer can best protect itself by allowing the employee time to reconsider their resignation. Relevant surrounding circumstances could be, for example:

• That the words of resignation were uttered in the heat of the moment or in anger
• That the employee turns up for work as normal the next day
• That the employee was unwell or under extreme pressure
• You should also take into account the employee’s intellectual make-up

Reconsidering resignations If you’re faced with such a resignation and you don’t give the employee the chance to reconsider - and particularly if you unreasonably refuse to allow them to withdraw their resignation - an adjudication officer could find that, in reality, the employee did not resign, but was dismissed. In all other situations, where the words of resignation are clear and unambiguous, the employment will terminate in line with the terms of resignation and you can safely take the employee at his or her word.  If you have any questions in relation to resignations, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923