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Ben Jones, Solicitor
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I walked out from work today due to an argument with my manager.

Resolved Question:

I walked out from work today due to an argument with my manager. I informed him I would return to work tomorrow after I had calmed down as I didn't want to say or do something that we might both regret.
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know what is your question about this?

JACUSTOMER-0waupiq9- :

Do I have a cooling down period, ie 24 Hrs. I have said I will be back to work tomorrow, am I entitled to do this?

JACUSTOMER-0waupiq9- :

I walked out from work today due to an argument with my manager. I informed him I would return to work tomorrow after I had calmed down as I didn't want to say or do something that we might both regret.

JACUSTOMER-0waupiq9- :

Do I have a cooling down period, ie 24 Hrs. I have said I will be back to work tomorrow, am I entitled to do this?





11:58 AM



I walked out from work today due to an argument with my manager. I informed him I would return to work tomorrow after I had calmed down as I didn't want to say or do something that we might both regret.



Customer:

sorry, me and my biff keyboard skills, the question should read:

Customer:

I walked out from work today due to an argument with my manager. I informed him I would return to work tomorrow after I had calmed down as I didn't want to say or do something that we might both regret.

Customer:

Do I have a cooling down period, ie 24 Hrs. I have said I will be back to work tomorrow, am I entitled to do this?

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier. Sometimes an employee may resign after an argument with their manager or another colleague. In such situations they might not really have meant to resign but did so in the heat of the moment. In fact, the employee does not even need to say they are resigning and can imply that they have done so, e.g. by simply stating they’re not coming back, by taking their belongings with them, leaving their company access card or keys, etc.


 


In such cases, the employer should not automatically assume that the employee has resigned and should allow a short cooling off period and take action to find out whether the employee had intended to resign.


 


The cases of Kwik-Fit Ltd v Lineham and Ali v Birmingham City Council dealt with such a situation. There, the employment tribunal decided that an appropriate period for the employee to change his mind was "likely to be a day or two". That is on the assumption that the employee had not already been given the opportunity to reflect on their apparent resignation and retract it.


 


Therefore, in circumstances where an apparent resignation has occurred following an argument or simply in the heat of the moment, the employer would be expected to give the employee a couple of days before treating their actions as a formal resignation. That time should also be used by the employer to contact the employee in order to clarify their position. Failure to do so and take their resignation at face value could be treated as a dismissal instead, which could easily be challenged as being unfair.


 


Please let me know if you need any further help with your query. If you do not, I would be grateful if you could please press Accept before exiting. Many thanks.


 

Customer:

Many thanks for your reply. I did go into work this morning and my manager and I discussed the situation, we have reached an agreement which we are both happy with.


 

Customer:
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Experience: Expert in UK Employment Law
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