When emotions run high in the workplace, impulsive decisions can lead to ‘heat of the moment’ resignations. But as an employer, it’s often challenging to discern whether an employee’s resignation was a genuine intent to leave or a spur-of-the-moment reaction they didn’t mean. The recent Employment Appeal Tribunal decision in Omar v Epping Forest District Citizens Advice [2023] provides clarity on this matter and sets out principles for employers to consider.
At enlightenHR, we understand that such situations can be a HR nightmare. Here’s a breakdown of the key points from the EAT’s decision to help you navigate these tricky circumstances:
- No ‘Special Circumstances Exception’: The law doesn’t recognize a ‘special circumstances exception’. Employees can’t claim they didn’t really resign because they were stressed or immature. However, our advice is usually to give an employee a “cooling off period” maybe overnight or 24-hours, if there is the possibility, they didn’t really mean that their actions should end their employment.
- Resignation Notices are Binding: Once given, a resignation notice is irrevocable unless the employer agrees to a retraction. So, if the employee asks if they can stay, that is your decision. We advise caution in agreeing to this. If it suits the business that’s fine but it is often the case that the employee will leave anyway within 12 months as they had already made a decision to leave.
- Objective Interpretation: The interpretation of resignation words must be based on how a reasonable person would understand them, not on the speaker’s internal intentions. So don’t put your own interpretation on what the employee has said.
- Immediate and Serious Intent: Resignation must convey a present and serious intent. Merely indicating a future intention is not enough. Those casual “I’m leaving anyway” type comments do not constitute a resignation.
- Assessing Genuine Intent: It’s about whether the employee truly intended to resign at that moment, considering their mental state. See our advice above re cooling off period.
- Assessment at the Time of Utterance: The Tribunal must assess the intent based on the moment the words were spoken. A Tribunal will consider the circumstances and what was going on at the time.
- Considering Subsequent Events: Events following the resignation can offer insights into the sincerity of the resignation at the time. So, someone coming back later or the next day and saying they didn’t mean it, especially if accompanied by an apology if their behaviour wasn’t the best, should be taken into consideration.
- Unintended vs. Change of Mind: There’s a thin line between not meaning to resign and simply changing one’s mind, a distinction that is fact specific. Time will be a factor here, coming back quickly and saying they didn’t mean to resign would have more weight than waiting for days or weeks.
- Applicable to Written Statements: These principles also apply to written resignations.
This guidance is invaluable for when an employee attempts to retract a resignation, and you, as the employer, must decide whether to accept it.
At enlightenHR, we specialise in providing expert HR consultancy services to guide you through such complex situations. If you’re grappling with a ‘heat of the moment’ resignation or any other HR issue, reach out to us. We’re here to support you with professional advice and effective solutions tailored to your specific needs.
Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com