Verbal resignation

davo10

Hypothetically speaking, can a resignation be given in verbal form only and once accepted in writing by the employer, can the person then change their mind and withdraw the resignation? This is not a real situation so I am not seeking definitive legal advice.

seamus

davo10 wrote: »

Hypothetically speaking, can a resignation be given in verbal form only and once accepted in writing by the employer, can the person then change their mind and withdraw the resignation? This is not a real situation so I am not seeking definitive legal advice.

I don't entirely understand your question. Are you saying if you told your employer that you're leaving verbally and they responded with a confirmation in writing?

Ultimately it would depend on the contract. If the contract of employment requires that notice is in writing, then verbal notice is as good as no notice.

If the contract of employment does not state what form the notice should take, then verbal notice is as binding as written notice.

Of course, there's a lot of implicit stuff too. If you give verbal notice and your employer responds with a written confirmation, then that is implicitly an agreement between both parties to modify the terms of the contract and allow for notice to be provided verbally, and thus your verbal notice is as binding as written.

Then, unless the contract specifically mentions the process for withdrawing notice, you will only be able to do so with the consent of both parties.

davo10

seamus wrote: »

I don't entirely understand your question. Are you saying if you told your employer that you're leaving verbally and they responded with a confirmation in writing?

Ultimately it would depend on the contract. If the contract of employment requires that notice is in writing, then verbal notice is as good as no notice.

If the contract of employment does not state what form the notice should take, then verbal notice is as binding as written notice.

Of course, there's a lot of implicit stuff too. If you give verbal notice and your employer responds with a written confirmation, then that is implicitly an agreement between both parties to modify the terms of the contract and allow for notice to be provided verbally, and thus your verbal notice is as binding as written.

Then, unless the contract specifically mentions the process for withdrawing notice, you will only be able to do so with the consent of both parties.

Hi Seamus, thanks for your reply. I don't have specifics because it's a hypothetical situation.

Say someone is fed up at work, walks out then phones to say they are not coming back. Employer accepts verbal resignation then confirms this acceptance in writing. Then say for example, the employee phones a few days later, denies ever saying that they were quitting and wants to go back to work.

The reason I ask is recently met a few friends and the topic came up in conversation, "what if......."

Paulw

I would assume that the conversation and then confirmation letter would be enough. You can't then just change your mind and expect everything to be the same.

davo10

Paulw wrote: »

I would assume that the conversation and then confirmation letter would be enough. You can't then just change your mind and expect everything to be the same.

That is exactly what I thought, another opinion was that if employee denies saying it, how can employer prove that a verbal resignation was given and what would likely occur if employer stopped employee coming back to work. I reckon that employer is shafted and has no option but to forget about the call.

234

davo10 wrote: »

That is exactly what I thought, another opinion was that if employee denies saying it, how can employer prove that a verbal resignation was given and what would likely occur if employer stopped employee coming back to work. I reckon that employer is shafted and has no option but to forget about the call.

Why would that be the case? They will have a copy of the written confirmation, presumably also a note on the HR file and if called upon they could point to the record of an incoming call at a time consistent with what they are saying. Unless employee has some amazing story that doesn't involve an elaborate scheme to dismiss them they have no chance.

Edit: also, has the employee been in work during the period after they verbally resigned? There would be so many peripheral records. Emails to HR and management, putting in train the process for finding a replacement, redistribution of responsibilities, briefing other employees on what parts of the resigning employee's work they will have to deal with, any issues with clients. There would be a substantial paper trail.

davo10

234 wrote: »

Why would that be the case? They will have a copy of the written confirmation, presumably also a note on the HR file and if called upon they could point to the record of an incoming call at a time consistent with what they are saying. Unless employee has some amazing story that doesn't involve an elaborate scheme to dismiss them they have no chance.

Edit: also, has the employee been in work during the period after they verbally resigned? There would be so many peripheral records. Emails to HR and management, putting in train the process for finding a replacement, redistribution of responsibilities, briefing other employees on what parts of the resigning employee's work they will have to deal with, any issues with clients. There would be a substantial paper trail.

Ah, but let's say there is no paper trail apart from the letter from the employer acknowledging the phone conversation, just a phone call, that would be the crux of the problem, would it not?

Sacksian

There is precedent, OP.

https://www.youtube.com/watch?v=jlIMmuMQozc

Peregrinus

davo10 wrote: »

Ah, but let's say there is no paper trail apart from the letter from the employer acknowledging the phone conversation, just a phone call, that would be the crux of the problem, would it not?

Comes down then to a conflict of evidence. Bill give evidence that "Joe said 'I quit!', walked out the door and did not return." Joe give evidence denying that he said "I quit!" and either denying that he left the workplace, or offering some different explanation.

The court/tribunal will decide which version of events it prefers, on the balance of probabilities, and will no doubt be influenced by the surrounding circumstances. (What was the underlying grievance? Was it the kind of thing someone might be expected to resign over? How long was Joe absent for? If he hadn't quit, why wasn't he at work? What was his immediate reaction when he got a letter purporting to accept his resignation? Was there a history such, such that the employer would be looking for an opportunity to get rid of Joe, and might be motivated to claim Joe had quit?)

davo10

Peregrinus wrote: »

Comes down then to a conflict of evidence. Bill give evidence that "Joe said 'I quit!', walked out the door and did not return." Joe give evidence denying that he said "I quit!" and either denying that he left the workplace, or offering some different explanation.

The court/tribunal will decide which version of events it prefers, on the balance of probabilities, and will no doubt be influenced by the surrounding circumstances. (What was the underlying grievance? Was it the kind of thing someone might be expected to resign over? How long was Joe absent for? If he hadn't quit, why wasn't he at work? What was his immediate reaction when he got a letter purporting to accept his resignation? Was there a history such, such that the employer would be looking for an opportunity to get rid of Joe, and might be motivated to claim Joe had quit?)

Thanks for the answer Peregrinus.