Author Topic: Accidently resigned  (Read 9135 times)

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Accidently resigned
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So on the Saturday 21st June 2025 formulated a resignation letter due to some anxiety and stress.

Typed the email stating that I was resigning from the company and it was pre- dated Monday 23rd June 2025. This email was meant to go to my draft folder, unfortunately, I sent it. What to consider if I was absolutley sure.

I received an email from my boss accepting my resignation. I immediately emailed that I accidentally sent this under anxiety and stress and I wished to withdraw the resignation.

Having looked at the law, I'm pretty much screwed, as I apparently have no protection under employment law. There may be a glimour of hope that my withdrawal is the day before the actual resignation date.

Your advice would be most appreciated

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Re: Accidently resigned
« Reply #1 on: »
Not an expert in employment law, but reading slightly between the lines, and recalling your previous thread, regardless of whether you accidentally sent a resignation letter that you obviously did not accidentally draft, the obvious question would seem to be whether or not this is a case of constructive dismissal.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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Re: Accidently resigned
« Reply #2 on: »
Well what a blast from the past. Love your signature statement, see you havn't lost you dry sense of humour.

Generally do work on my home laptop and email it to my work laptop. In this case I think I got a wee bit mixed up, but in my defence I have a new laptop and it doesn't have a breathyliser attached to it. :)

They had a meeting yesterday and I requested that she contact me and let me know if they would accept my withdrawal. Give her dues she phoned me, however said that she wasn't going to change her mind. There is so many boring details to tell you, but wouldn't to put you through that pain.

It is an absolute weird situation, whilst the accidental email was sent on the Saturday 21st June, the actual wording was 'as of today [Monday] 23rd June I am resigning from the company. I recived the acceptance on Sunday 22nd June and it was one of those Oh F**K moments, immediately sent a reply back stating it was an accident and I wanted to withdraw it.

I know I probably might not have a leg to stand on. All the maintenance technicians are just as surprised as I am, as it has an impact on them.

Yeah, the idea of constructive dismissal occurred to me to, and I have various thoughts on this. Trouble is I like the woman, but she has no engineering skills and relys on us mere mortals to do her bidding

Re: Accidently resigned
« Reply #3 on: »
The case law on notice all relies on no date having been given for resignation. However, you did give a date so it doesn’t assist you.

Once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn and the contract will come to an end when it expires — Brennan v C Lindley and Co Ltd 1974 IRLR 153, NIRC.

It’s not looking good for you. Any argument would have to rely on you not having formed an intention to resign - though that would be based on what you actually said, not what you meant.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Accidently resigned
« Reply #4 on: »
I can't see how constructive dismissal could have any relevance to this but in any case as constructive dismissal requires the emploiyee to leave their employment before bringing a claim for compensation it wouldn't help OP as OP doesn't want to leave.

Re: Accidently resigned
« Reply #5 on: »
I can't see how constructive dismissal could have any relevance to this

There’s a history.

Quote
it wouldn't help OP as OP doesn't want to leave.
But he’s resigned.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Accidently resigned
« Reply #6 on: »
I remember the OP posting previously about his employment issues (problem with a manager iirc)
@mayhem were you off sick with stress or a medical diagnosis that was attributed to the issue which may (or may not) help in a constructive dismissal claim? you have obviously had more issues since your previous incident.
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Accidently resigned
« Reply #7 on: »
There’s a history.

I didn't know that. It might explain why the company didn't do what I'd expect in this situation and allow OP to withdraw his accidental resignation

But he’s resigned.

Yes but he wants to be 'un-resigned'. Giving notice of resignation under your contract of employment is not compatible with claiming constructive dismissal.
« Last Edit: June 25, 2025, 08:44:50 am by PallasAthena »

Re: Accidently resigned
« Reply #8 on: »
Giving notice of resignation under your contract of employment is not compatible with claiming constructive dismissal.

I agree to the extent that it makes it harder to convince the ET that you had no choice but to resign. However, legally it’s not a bar and I have seen cases succeed even with notice.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Accidently resigned
« Reply #9 on: »
I agree that constructive dismissal is out of the question given that I sent an immediate withdrawal.

Heat of the moment is face to face, so protection there under case law.

Regardless of issues in previous empoloyment that discussion is pretty much mute.

As Southpaw states I mentioned a date in the email, however I retracted my resignation before that date. So in essence, I retracted the resignation the day before it would have[presumeably] come into affect.

However, I realise the law provides that a employee has no right to have acceptance, by an employer, of his withdrawal. Since, this would create ambiguity.

Strangely, my contract has no statement in place for personnels' resignation. The company also don't have any procedures or guidelines to follow: for managers or personnel to adopt or conform to.
,

Re: Accidently resigned
« Reply #10 on: »
I'm not trying to bump this topic. However, it states in my contract the following verbatum

'All notices of termination of employment, whether given by us or by you, must be given in writing'.


Re: Accidently resigned
« Reply #11 on: »
Arguably, an email is "in writing", as opposed to verbally.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Accidently resigned
« Reply #12 on: »
Okay if the content is as below, would this constitute it being in writing. Notably, the content does start of Dear Name.



It is with some regret that I am handing in my resignation, as of today the 23rd June 2025.

 

By my reckoning, due to the 6.5  days holiday and one day unpaid holiday, my last day will be on 11th July lunchtime

 

If the company still wishes me to attend the wiring regulations course, on 1st July, I am more than willing to attend.

Kind regards

My name

Per Ardua Ad Astra


Through Adversity to the stars

Re: Accidently resigned
« Reply #13 on: »
I'm no expert on this and SP may well know have the answer.
I would have thought the basis of a constructive dismissal case would be the company actions that drove an employee to to submit a resignation in the first instance. The fact he tried to recind imo would be in his favour and the company's decision not to allow it would strengthen his case?
« Last Edit: June 26, 2025, 09:08:20 pm by mickR »
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Accidently resigned
« Reply #14 on: »
I'm no expert on this and SP may well know have the answer.
I would have thought the basis of a constructive dismissal case would be the company actions that drove an employee to to submit a resignation in the first instance. The fact he tried to recind imo would be in his favour and the company's decision not to allow it would strengthen his case?

I think the spin the company would put on it would be that his attempt to revoke his resignation would indicate that there had been no breakdown in mutual trust and confidence.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.