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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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a senior manager tenders his resignation, then two weeks later,

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a senior manager tenders his resignation, then two weeks later, asks for this to be rescinded - what is the employers position / obligation?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long they have worked there.


20 years

Ben Jones :

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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