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My employee gave her notice in 3 days ago, she wanted to change her mind today but as I have found a replacement I...

My employee gave her notice...
My employee gave her notice in 3 days ago, she wanted to change her mind today but as I have found a replacement I told her no. What rights do I have?
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Answered in 4 minutes by:
6/11/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,942
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long is her notice period please and how long has she been in your employment

Customer: Started April 2012, one months notice given by her.
Ben Jones :

Did she initially resign in the heat of the moment, for example following an argument?

Sorry for delays in responding I am mobile so don't have a permanent signal but will respond fully ASAP. Thanks

Ben Jones :

Hi, hopefully my last question came through - as soon as you get back to me I will be happy to answer. Thanks

Customer: Not heat of moment. She said she had been thinking about it for ages.
Ben Jones :

Thanks for clarifying. You have every right to stick to the resignation and refuse to allow her to return. Once the resignation is submitted it is legally binding, whether you accept it or not. As soon as the employee resigns their notice period starts to run and their employment would terminate once that period expires. There are limited circumstances in which you must give the employee the opportunity to confirm they meant to resign and that only happens if they had resigned in the heat of the moment. In these circumstances, when it is clear that the resignation may have just been submitted because of the employee’s feelings at the time, for example after an argument that made them feel they wanted to leave, you are expected to give them 1-2 days’ ‘grace period’ to allow them to change their mind if they did not really intend on resigning. However, when there was no heat of the moment resignation and the employee had even been contemplating this for some time, then the resignation will stand and you are not in any way obliged to accept a request to retract it.


 


Hope this clarifies your position?

Customer: Thank You very much that has really helped.
Ben Jones :

You are most welcome

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,942
Experience: Qualified Employment Solicitor
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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