UK Employment Law
UK Employment Law Questions Answered by Verified Experts
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Assuming that the resignation was accepted and confirmed with the employee, there is no obligation on the employer to accept the request to rescind it. Once the resignation notice can be formally communicated to the employer it will be binding and it is entirely at the employer's discretion as to whether they accept such a request.
The only time they would have been expected to seriously consider such a request is if the resignation was made in the heat of the moment and the employee had not actually intended to resign. The employer should then give them a 'grace period' of a couple of days or so and double check with them whether they had actually intended to resign. If the employee changed their mind and confirmed that the resignation was just done in the heat of the moment, a rescission should be allowed. However, even if this was the case here, two weeks is too long and any rescission should have been requested with a few days at most.
So in the current circumstances the employer is entirely free to decide whether to accept the employee's request and they are within their legal rights to reject it if necessary, letting the resignation stand.
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