Resignation 




There is no dismissal if an employee resigns voluntarily. Employees are free to end the contract at any time by resigning, which they usually do by giving the notice required by the contract.



There is no need for a resignation to be “accepted” by the employer in order to take effect (Wallace v Ladbrokes Betting and Gaming (UK) Limited [2016] UKEAT/0168/15/JOJ). This can have important implications when it comes to working out the date the employment ended (the “effective date of termination”). Mistakes can lead to missed time limits and lost rights, so great care is needed. See page 347: Effective date of termination.



To take effect, a resignation must be communicated to the employer. But communication does not have to be to a particular individual, for example, the person named on the resignation letter, as long as the letter reaches the employer’s address (Horwood v Lincolnshire County Council [2012] UKEAT 0462/11/0304). An employee who has drafted but not sent a letter of resignation cannot be said to have resigned (Edwards v Surrey Police [1999] IRLR 456).




There is not normally a dismissal where an employee makes a genuine choice to resign on mutually agreed terms. Care must be taken when negotiating departure terms to make sure members understand the effect on their ability to bring future claims. 


A consensual termination requires genuine freedom of choice whether to stay or go. Where the employer does not give the employee a genuinely free choice whether to resign or continue in employment, there is likely to be a dismissal (Sandhu v Jan de Rijk Transport Limited [2007] EWCA 430, Khan v HGS Global Limited [2016] UKEAT/0176/15/DM).


Agreed terminations and voluntary resignations can make it harder to claim state benefits or commercial benefits linked to income protection, such as mortgage protection insurance.



There will be a dismissal if an employee resigns under threat that if they do not resign they will be dismissed. In practice, employees in this situation need to be cautious, as the employer is likely to deny their version of events. An employee who is forced to resign should make a careful record of the exchange with the employer and take advice from their rep as soon as possible. This aspect of the employment relationship is likely to be affected by the introduction of “protected conversations” (see page 471). 




Notice, once handed in, cannot be withdrawn without the employer’s consent. There is a rare exception for so-called “heat of the moment” cases, where an employee resigns rashly out of anger, severe stress, or emotional immaturity. The law allows a very short window (usually just hours) 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). Anyone in this situation 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, which can form the basis of a witness statement in any later claim. 




Only exceptionally can an employer ever withdraw words of dismissal uttered in the heat of the moment (Willoughby v CF Capital PLC [2011] EWCA Civ 1115).