Withdrawing notice

A. The straightforward answer is that once you have handed in your notice, you cannot withdraw it without your employer’s consent.

There is a rare exception for cases known as “heat of the moment” cases, where an employee acts rashly out of anger, severe stress, or emotional immaturity, ending the contract on an impulse that they immediately regret.

In these circumstances, the law allows a very short window (usually a matter of hours at most) in which to calm down and step back from words spoken in the heat of the moment, to say: “I didn’t really mean it”. (Martin v Yeoman Aggregate Ltd [1983] IRLR 49).

Someone who resigns in the “heat of the moment” needs to act very quickly to try to put things right if they want to get back to work.

It is sensible to take urgent advice from a rep, make it clear to your employer that you are available for — and want to — work and offer an explanation for your behaviour, with an apology if appropriate.

Keep a careful note of everything said and done, as this will be helpful if a claim later needs to be brought.