rescinding a letter of resignation?
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Old thread but maybe still useful?
Can Someone Take Back Their Resignation?
A friend of mine who is employed in quite a stressful fulltime, permanent position has tendered her resignation (1 month's notice) and now 2 weeks later has realised that she is making a mistake and wants to take it back. She did it when under a lot of stress and is not sure how her employer...
www.askaboutmoney.com
The sooner you do it the better.
Thank you for linking this. I handed it in when I was off on stress leave. I think the better option would have been to drop down a grade but in the heat of the moment I wasn't thinking clearly. It was very reactionary but more time off has changed my perspective. I have no shame so I'll go and beg but ask for a lower grade if they'll allow it.
I had someone resign unexpectedly and I did ask them if they wanted to reconsider, as it is pretty final. I would have handed it back to them there and then but once it goes in the system our company would be very reluctant to rescind. Their thinking would be - (a) will this person resign again very very shortly and (b) is this person a good employee, any issue that had been there over the past while and they would probably say forget it, no point in sticking with a troublesome employee. It would be quiet cynical, the final decision.
november16
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Is it public civil service, when you say drop a grade though it might be. There is a requirement to give months notice and the resignation/ retirement circular states resignation cannot be rescinded after the last date stated on resignation letter email and has to go to hr head of division. What date did you give
I’m aware of a WRC decision on this issue (the exact details escape at the moment) which found that an employer acted unfairly by not considering a request to rescind a resignation.
As I recall, the reason was that the employer should have been aware that the employee was under stress and that any decision to resign would not have been rational. Some latitude should have been applied.
As I recall, the reason was that the employer should have been aware that the employee was under stress and that any decision to resign would not have been rational. Some latitude should have been applied.
Yes it's public service and they have been very good to me over the years. I also think I've given good service and I've never done this before. I gave the 13/12 as my end date so 2 weeks left. Thank you for all the replies - I'll send an email on Monday and start the process.
If you could meet the HR manager to discuss, it would be good.
Talk face to face first & send email as follow up.
Was it this case? If so then I'm not sure that it's directly comparable to the one in this thread? In that case resignation was tendered, the employer invited the employee to reconsider, but then withdrew that offer and that was the basis for unfair dismissal.
WRC finds Pat the Baker driver was unfairly dismissed
A woman who worked as a van driver for Pat The Baker and claimed to have been "treated like an animal" by a third-party shop manager was unfairly dismissed from her position, the Workplace Relations Commission has decided."
Why "nailed on"? Admittedly the WRC does make some bonkers rulings usually in favour of the plaintiffs.
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If you look through prior WRC case decisions and indeed general employment law youll see that a resignation can be rescinded and for an employer to reject it would typically be a breach of employment law. The WRC decisions, re this, are based on the law so your issue is with the law not the WRC.
Thanks for that. I don’t think that’s the case I recall. I think it had more emphasis on the stress the employee was under prior to resignation.
However, the AO’s comment in her conclusion in the case you mention is very clear and could well be relied upon if necessary in the OP’s case.
"I find that a reasonable employer would have allowed the claimant to revoke her resignation and their refusal to do so amounted to a dismissal."
100%
november16
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Good luck let us know how it goes, hoping all goes well. The good relationship you have built should stand to you. Consider very carefully the drop in grade. If required Get advice possibly C.L.A.M. community law and mediation, also through your health insurance there is often a one off consult with solicitor, Perhaps the union if you are in one they should advise and represent. Hoping that wont be required