A recent Employment Appeal Tribunal case has highlighted the importance of clarity when an employee indicates that they wish to resign their post.
In this case an ambiguously worded resignation letter led to confusion as to whether the employee wished to resign from her role and accept an alternative internal post or intended to leave the organisation all together. When the offer for the alternative internal post was withdrawn and the line manager refused to allow the employee to retract her earlier resignation – the employee raised a complaint of unfair dismissal. Whilst there is no legal obligation to allow an employee to retract a written resignation – it is important to ensure any resignation is clear and explicit. In upholding the unfair dismissal finding the EAT criticised the employer for failing to clarify the employee’s true intentions.
To avoid any ambiguity in the management of employee resignations – consider the following best practice tips:
Employers should be wary of accepting ‘heat of the moment’ verbal resignations. In such circumstances a cooling off period is advised to give the employee an opportunity to carefully reflect on their decision and confirm their intentions in writing.
Please seek guidance from your SPS consultant with any issues relating to employee resignations.
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