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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 47623
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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12 months ago I verbally gave my employers notice of my intention

Customer Question

12 months ago I verbally gave my employers notice of my intention to retire on 30th June 2015. No written notice was ever given by me. I now wish to change my mind and continue working. Can I legally do so even though my employers have employed and appointed my replacement? I am 66 years old.
Submitted: 2 years ago.
Category: Scots Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract require you to give written notice?
Customer: replied 2 years ago.

My contract requires my employer to give me 12 months written notice in Clause 3.1. Clause 3.4 requires me "to give no less than six months notice" but does not specify that notice given by me must be in writing.

Expert:  Ben Jones replied 2 years ago.
There is no legal requirement for notice of resignation to be given in writing for it to be legally binding. A verbal resignation can be just as effective as a written one if the person had properly communicated their intentions and there was no ambiguity as to the fact that they did intend to resign at the time. The requirement for the notice to be in writing could be implemented by the contract but if there is no mention of this in there the notice could take written or verbal form if necessary.
Therefore, if you had effectively communicated your notice to resign and given a leaving date and the employer had accepted that and started making plans based on your intentions, the notice of resignation could certainly be legally binding. As such if you now changed your mind and wanted to rescind it, you may only do so with the employer’s consent. If they do not allow you to rescind your notice then your employment would still terminate on the date that you informed them it would when you handed in your notice.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you