When an employee resigns, it’s usually to pursue a career outside of the business. In doing so, they typically resign with full contractual notice of resignation.
From time to time, however, an employee unexpectedly resigns in the heat of the moment. This act doesn’t follow the formal ‘normal’ resignation process.
In many cases, the employee will return to their employer having reflected on their actions and may wish to retract their resignation. So, as an employer, what should you do?
The cooling-off period and other considerations
If you believe that your employee has acted in the heat of the moment or has used ambiguous language in relation to their resignation, allow for a cooling-off period. Ordinarily, this should be one to two days. However, if the employee is currently suffering with their mental health or has a long-term mental health illness, this should be taken into consideration.
If your employee attends work the following day and carries out their normal duties as if nothing has happened, consider confirming with them their intentions to resign. If they retract their resignation, you can potentially discipline them for any misconduct that occurred at the time of their resignation. To do this, it’s imperative that you carry out a full investigation with the employee. On the other hand, if the employee doesn’t return to work, you should write to them asking for clarification on their resignation situation.
The danger of accepting a ‘heat of the moment’ resignation
It may be the case that you’re willing to accept the ‘heat of the moment’ resignation. However, employers are cautioned that a failure to allow a cooling-off period or to address employment issues at the time of resignation may lead an employment tribunal. This would be done to conclude that an employee hasn’t resigned but has been dismissed by their employer.
Employers are often willing to accept a resignation where an employee tenders their resignation when they’re subject to disciplinary action (rather than having to go through a protracted disciplinary procedure which may lead to dismissal). If you encounter such a situation, make the employee aware that a decision to dismiss has not been predetermined. It’s crucial to follow the disciplinary process under fair process, and therefore any decision should be made upon taking all of the evidence into consideration, including evidence that has come to light as a result of a thorough investigation.
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