Withdrawal of resignation

• I was having difficulties at work and, when offered another job, handed in my notice. But I’ve now changed my mind and want to stay. My employer says I can’t and that they have accepted my resignation. What are my rights?

Unfortunately, the law says that an employee who resigns will not, in general, without the agreement of the employer, be entitled to withdraw their resignation.

The basic principle is that once a lawful resignation has been given, it cannot be revoked by one of the parties, and case law has confirmed this position.

There are some exceptions. If someone indicates resignation verbally, usually when under stress, or in emotional circumstances where an employer ought to realise resignation was not meant, then there might be a right to withdraw a resignation that was not intended.

Equally, if an employee is told they have no future with the employer and are, in effect, being told to resign, then this will be regarded as a dismissal by the employer.

These limited exceptions might then entitle someone to claim unfair dismissal if the employer persists in interpreting this as a simple resignation and refuses to allow withdrawal.

In your case, if these are not the circumstances you were in and you have given proper notice, then your employer is not obliged to let you stay on.