Retracting A Resignation

[Adz The Rat]

An employee gave his resignation on Friday to us, we accepted it and over the weekend we have got someone else to work his shifts.

Today we have recieved a letter from him stating he wishes to retract his resignation and will return to work on a future date.

Now, as far as we are concerned, we accepted his resignation and have filled the position, we dont want him to return.

Do we have to accept his retraction? Is there an employment act we can show him which proves this?

[edc]

There is no obligation to accept a retraction unless the resignation was in the heat of the moment.

[warp9]

We were in the same situation a few years ago, but after consulting with DAS were advised to accept the retracted resignation. This was due to us maybe being perceived as putting pressure on the employee if it ever got escalated to a tribunal. In reality we knew this was total BS and that the employee would leave sooner or later. They lasted another 6 months of indifferent performance.

Don't know if that helps, maybe get your situation checked out with a legal advice line?

[SteveS Cup]

I don't believe you are legally obliged to retract his resignation. Depending on the organisation and the reasoning behind his resignation in the first place I wouldn't want someone working for me who has itchy feet.

[fergywales]

You are not obliged to accept the retraction.

You can explain it simply that the acceptance of the resignation begins the notice period, that you will be maintaining your contractual obligations as the employer during the notice period and that when the notice period finishes, the employment contract is brought to termination mutually between both parties based on the resignation letter.

[hornetrider]

That's quick work on the replacement

[Adz The Rat]

Thanks guys, just as I thought.

Also found this link http://www.direct.gov.uk/en/Employment/RedundancyA...

which confirms what you have just told me.

Thanks.