Labour Research (February 2019)

Law Queries

Retraction of notice

Q. Can I retract my notice? I have just resigned from my job but have had second thoughts.

A. An employer does not have to let an employee retract their notice, except perhaps where the employee resigns in the heat of the moment and the words they use are ambiguous, or there are special circumstances such as extreme stress or provocation.

An employer who accepts the resignation of an employee who is, for example, resigning in response to a manager’s conduct may even be found to have constructively dismissed the employee.


There is nothing in what you say to suggest that this is a heat of the moment resignation, and it is unlikely that your employer will feel obliged to allow you to retract your resignation. But that does not mean they will not consider it, and they may welcome your change of heart. 


It is in your best interests to let them know as soon as you can, before they embark on the process of recruiting a replacement for your role.



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