Heat-of-the-moment resignations: an employer’s guide

If an employee resigns in the heat of the moment, it can be difficult to know whether this counts as a formal resignation or whether it can be put down to a rash reaction that has no real weight behind it.

In this blog, our employment lawyers explain how employers can handle heat-of-the-moment resignations.

What is a heat-of-the-moment resignation?

A heat-of-the-moment resignation (also known as an ‘ambiguous resignation’) might be an employee declaring “I quit!” during a disagreement or moment of heightened stress, or it could be far less dramatic. Either way, in these situations, employers can be left wondering whether to proceed with the relevant paperwork or to ask for clarification.

How should an employer manage a heat-of-the-moment resignation?

If an employee resigns in the heat of the moment, an employer should allow a reasonable period for them to ‘cool down’ and withdraw their statement of resignation.

It is sensible to follow up with the employee once the dust has settled and ask if their intention was genuine. It is not advised to assume the resignation is legitimate as the onus is on the employer to determine whether it was intended or not. In fact, in the case of Mr R Omar v Epping Forest District Citizen Advice, the employee (Mr R Omar) brought an unfair dismissal claim against their employer after their employment was terminated following a heat-of-the-moment resignation during a dispute with his manager. When his employer, Epping Forest District Citizen Advice, formalised the resignation, the tribunal considered they should not have relied on the resignation as it was not clear and it was not in writing; the employer should have clarified and been clear on their intention.

Can a resignation be retracted?

If an employee resigns and later retracts it, it is not as simple as returning to business as usual.

Employers have no legal requirement to accept a retraction, so if the employee revokes their resignation within hours, you can use common sense to establish it was a heat-of-the-moment resignation and it should not be binding. If the employee takes longer than a few days to retract their resignation, the resignation is likely genuine and can be acknowledged and accepted by the employer.

Whatever the scenario, both parties must agree to the withdrawal and the employee does not have an automatic right to return to their role.

Examples of when a resignation can be revoked include:

• The employer has yet to formally accept the resignation.
• The resignation was mutually agreed upon by the employer and employee, and both parties agree to continue the working relationship.
• Where there is a company policy that allows for resignations to be revoked within a certain timeframe or in certain circumstances.
• If the resignation was made under duress or coercion.

If you choose not to accept your employee’s retraction of their resignation, it is normal for the employee to work their notice period.

How should an employee hand in their resignation?

Most employees will be required to resign in writing and give notice as part of this. The notice period depends on what is set out in their employment contract, but if not, the minimum legal requirement is one week’s notice.

Most of the time, employees either resign verbally and then follow up with a formal written notice, or put it in writing from the outset, but it is worth checking your policies and procedures to see what is specified (and if nothing is specified, consider amending this).

Advice on heat-of-the-moment resignations

If an employee has resigned in the heat of the moment and you are unsure of how to manage it, or you want to update your policies and procedures to protect your business against ambiguous resignations, our employment lawyers can help.

For straightforward, practical advice, call us on 0117 325 2929 or fill out our online enquiry form.