Can notice be withdrawn?

An employee who hands in their notice cannot withdraw it without the employer’s consent. There is a rare exception for cases known as “heat of the moment” cases, where an employee acts rashly out of anger, severe stress, or emotional immaturity, ending the contract on an impulse they immediately regret. In these circumstances, the law allows a very short window (usually hours at most) in which to calm down and step back from words spoken in the heat of the moment — to say: “I didn’t really mean it” (Martin v Yeoman Aggregate Ltd [1983] IRLR 49).

An employee who resigns in the “heat of the moment” needs to act very quickly to try to put things right if they want to get back to work, taking urgent advice from a rep and making themselves available for work as soon as possible. A careful note should be kept of everything said and done, as this will form the basis of any witness statement if a claim later needs to be brought.

In very rare cases, employers can also withdraw words of dismissal issued in the heat of the moment, as long as they do this almost immediately (Willoughby v CF Capital PLC [2011] EWCA Civ 1115).