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#Post#: 77595--------------------------------------------------
Accidently resigned
By: Mayhem007 Date: June 22, 2025, 1:27 pm
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So on the Saturday 21st June 2025 formulated a resignation
letter due to some anxiety and stress.
Typed the email stating that I was resigning from the company
and it was pre- dated Monday 23rd June 2025. This email was
meant to go to my draft folder, unfortunately, I sent it. What
to consider if I was absolutley sure.
I received an email from my boss accepting my resignation. I
immediately emailed that I accidentally sent this under anxiety
and stress and I wished to withdraw the resignation.
Having looked at the law, I'm pretty much screwed, as I
apparently have no protection under employment law. There may be
a glimour of hope that my withdrawal is the day before the
actual resignation date.
Your advice would be most appreciated
#Post#: 77878--------------------------------------------------
Re: Accidently resigned
By: andy_foster Date: June 24, 2025, 6:36 am
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Not an expert in employment law, but reading slightly between
the lines, and recalling your previous thread, regardless of
whether you accidentally sent a resignation letter that you
obviously did not accidentally draft, the obvious question would
seem to be whether or not this is a case of constructive
dismissal.
#Post#: 77966--------------------------------------------------
Re: Accidently resigned
By: Mayhem007 Date: June 24, 2025, 12:06 pm
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Well what a blast from the past. Love your signature statement,
see you havn't lost you dry sense of humour.
Generally do work on my home laptop and email it to my work
laptop. In this case I think I got a wee bit mixed up, but in my
defence I have a new laptop and it doesn't have a breathyliser
attached to it. :)
They had a meeting yesterday and I requested that she contact me
and let me know if they would accept my withdrawal. Give her
dues she phoned me, however said that she wasn't going to change
her mind. There is so many boring details to tell you, but
wouldn't to put you through that pain.
It is an absolute weird situation, whilst the accidental email
was sent on the Saturday 21st June, the actual wording was 'as
of today [Monday] 23rd June I am resigning from the company. I
recived the acceptance on Sunday 22nd June and it was one of
those Oh F**K moments, immediately sent a reply back stating it
was an accident and I wanted to withdraw it.
I know I probably might not have a leg to stand on. All the
maintenance technicians are just as surprised as I am, as it has
an impact on them.
Yeah, the idea of constructive dismissal occurred to me to, and
I have various thoughts on this. Trouble is I like the woman,
but she has no engineering skills and relys on us mere mortals
to do her bidding
#Post#: 77979--------------------------------------------------
Re: Accidently resigned
By: Southpaw82 Date: June 24, 2025, 12:25 pm
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The case law on notice all relies on no date having been given
for resignation. However, you did give a date so it doesn’t
assist you.
Once notice has been given (whether orally or in writing), it
cannot be unilaterally withdrawn and the contract will come to
an end when it expires — Brennan v C Lindley and Co Ltd 1974
IRLR 153, NIRC.
It’s not looking good for you. Any argument would have to rely
on you not having formed an intention to resign - though that
would be based on what you actually said, not what you meant.
#Post#: 77999--------------------------------------------------
Re: Accidently resigned
By: PallasAthena Date: June 24, 2025, 1:53 pm
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I can't see how constructive dismissal could have any relevance
to this but in any case as constructive dismissal requires the
emploiyee to leave their employment before bringing a claim for
compensation it wouldn't help OP as OP doesn't want to leave.
#Post#: 78005--------------------------------------------------
Re: Accidently resigned
By: Southpaw82 Date: June 24, 2025, 2:40 pm
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[quote author=PallasAthena link=topic=6931.msg77999#msg77999
date=1750791221]
I can't see how constructive dismissal could have any relevance
to this [/quote]
There’s a history.
[quote]it wouldn't help OP as OP doesn't want to leave.
[/quote]
But he’s resigned.
#Post#: 78014--------------------------------------------------
Re: Accidently resigned
By: mickR Date: June 24, 2025, 3:21 pm
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I remember the OP posting previously about his employment issues
(problem with a manager iirc)
@mayhem were you off sick with stress or a medical diagnosis
that was attributed to the issue which may (or may not) help in
a constructive dismissal claim? you have obviously had more
issues since your previous incident.
#Post#: 78065--------------------------------------------------
Re: Accidently resigned
By: PallasAthena Date: June 25, 2025, 2:01 am
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[quote author=Southpaw82 link=topic=6931.msg78005#msg78005
date=1750794015]There’s a history. [/quote]
I didn't know that. It might explain why the company didn't do
what I'd expect in this situation and allow OP to withdraw his
accidental resignation
[quote author=Southpaw82 link=topic=6931.msg78005#msg78005
date=1750794015]But he’s resigned.[/quote]
Yes but he wants to be 'un-resigned'. Giving notice of
resignation under your contract of employment is not compatible
with claiming constructive dismissal.
#Post#: 78066--------------------------------------------------
Re: Accidently resigned
By: Southpaw82 Date: June 25, 2025, 3:03 am
---------------------------------------------------------
[quote author=PallasAthena link=topic=6931.msg78065#msg78065
date=1750834883]
Giving notice of resignation under your contract of employment
is not compatible with claiming constructive dismissal.
[/quote]
I agree to the extent that it makes it harder to convince the ET
that you had no choice but to resign. However, legally it’s not
a bar and I have seen cases succeed even with notice.
#Post#: 78176--------------------------------------------------
Re: Accidently resigned
By: Mayhem007 Date: June 25, 2025, 12:42 pm
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I agree that constructive dismissal is out of the question given
that I sent an immediate withdrawal.
Heat of the moment is face to face, so protection there under
case law.
Regardless of issues in previous empoloyment that discussion is
pretty much mute.
As Southpaw states I mentioned a date in the email, however I
retracted my resignation before that date. So in essence, I
retracted the resignation the day before it would
have[presumeably] come into affect.
However, I realise the law provides that a employee has no right
to have acceptance, by an employer, of his withdrawal. Since,
this would create ambiguity.
Strangely, my contract has no statement in place for personnels'
resignation. The company also don't have any procedures or
guidelines to follow: for managers or personnel to adopt or
conform to.
,
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