Employment Lawyers Can Answer Your Employment Law Questions
3 to 4 years
hello are you still there?
yes sorry connection dropped. When you say laid off, what do you mean s some people believe this to be redundancy?
asked to be finished
No, upset about losing hours so I lost my temper and in the heat of the moment i asked to be laid off
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?
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
ok so the term is not laid off, it is resign, you basically told them you are resigning
how long after telling them did you change your mind?
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?
basically i just asked them to finish me in the heat of the moment, i didn't agree to anything
a few days
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?
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.
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.
i haven't signed anything to say i want to finish i just spoke out
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
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
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
still...you do not know what they will say so do not assume the worst
i haven't give a resignation i've only ASKED if they could finish me
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
ok thanks for your advice
you are welcome
have we finished now
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
thank you and all the best