How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have asked to be off work only verbally but I have changed

Resolved Question:

I have asked to be laid off work only verbally but I have changed my mind, can they still lay me off if they are employing new staff?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

3 to 4 years

Customer:

hello are you still there?

Ben Jones :

yes sorry connection dropped. When you say laid off, what do you mean s some people believe this to be redundancy?

Customer:

asked to be finished

Ben Jones :

so resigning?

Customer:

No, upset about losing hours so I lost my temper and in the heat of the moment i asked to be laid off

Ben Jones :

ok but I am just trying to understand what you mean by laid off because that means temporarily stopping work and it is usually initiated by the employer, so do you mean you asked to stop working for them permanently as in you wanted to leave that job?

Customer:

asked to be laid off(leave the job completely) so i could get my benefits. But i've changed my mind, i want to stay at the job i'm at

Ben Jones :

ok so the term is not laid off, it is resign, you basically told them you are resigning

Ben Jones :

how long after telling them did you change your mind?

Customer:

i asked them to finish me so i could get my benefits, i havent seen the boss yet but got a meeting to discuss what i want to do. I want to remain at the job but can he still finish me with it only being verbal?

Customer:

basically i just asked them to finish me in the heat of the moment, i didn't agree to anything

Ben Jones :


how long after telling them did you change your mind?



Customer:

a few days

Customer:

i'm still working there, but got a meeting in the week to discuss whether or not i still want to be finished but decided i don't, can they finish me still?

Ben Jones :


Sometimes an employee may resign in the heat of the moment, for example after an argument with a manager or colleague. It could be an official resignation, or an act that implies resignation, such as clearing their desk, saying they will never return, etc. In such situations they might not really have meant to resign but did so on impulse. Therefore, the employer should not automatically assume that the employee has resigned and should allow a short cooling off period for them to change their mind if necessary.

The leading cases are those of Kwik-Fit Ltd v Lineham and Ali v Birmingham City Council. It was decided that an appropriate period for the employee to change his mind was "likely to be a day or two". That is on the assumption that the employee had not already been given the opportunity to reflect on their apparent resignation and retract it.

Therefore, in circumstances where an apparent resignation has occurred in the heat of the moment, the employer would be expected to give the employee a couple of days before treating their actions as a formal resignation. That time should be used by the employer to contact the employee in order to clarify their position. Failure to do so and take their resignation at face value could be treated as a dismissal instead, which could easily be challenged as being unfair in the employment tribunal.



Customer:

so basically if he says he wants to finish me and i want to remain in employment with them i could do them for unfair dismissal.

Customer:

i haven't signed anything to say i want to finish i just spoke out

Ben Jones :

a resignation can be verbal too - you do not have to sign anything to resign. If it was clear that you wanted to leave then that would be treated as a resignation, whether you signed anything or not. The issue here is you may have left it too late to retract it - you only have a day or two at most to get back to them - leaving it any longer would mean you meant the resignaiton and they do not have to accept it. So that is the main issue you face

Customer:

i mentioned it to the bosses father and he passed the message on but the boss is on maternity leave till thursday when i have to see him. So that will be the first time i see him

Ben Jones :

you should have made it clear to someone in charge within a day or two maximum - a few days will be too long, so even if you told the father but a few days after you resigned, that may still be too late

Ben Jones :

still...you do not know what they will say so do not assume the worst

Customer:

i haven't give a resignation i've only ASKED if they could finish me

Ben Jones :

yes but as mentioned you do not have to actually give in a resignation - you have made it clear you want to leave, this in itself can amount to a resignation - please see my initial response above, it is the employee's actions alone that can amount to a resignation, without even mentioning the word or resigning formally

Customer:

ok thanks for your advice

Ben Jones :

you are welcome

Customer:

have we finished now

Ben Jones :

it's up to you - if you have more questions in relation to this I can try and help, otherwise you can just leave your rating either by selecting the happy face or if that does not work - by typing your choice on here. Thanks

Customer:

excellent service

Ben Jones :

thank you and all the best

Customer:

bye

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions