LRD guides and handbook March 2025

Contracts of employment

Chapter 9

Termination by resignation

[page 71]

Resignation need not take a particular form or be in writing, but it must be communicated to the employer. If the words of resignation are clear and reasonably appear to have been “really intended” at the time they are said, then the resignation cannot later be withdrawn by the employee (Omar v Epping Forest District Citizens Advice [2023] EAT 132). Notice, once properly given, can only be withdrawn by mutual consent, whether given by employer or employee.

If an employee tells their employer that they intend to resign at some point in the future, this is not a resignation ( Ely v YKK Fasteners (UK) Ltd [1993] IRLR 500).