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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50150
Experience:  Qualified Employment Solicitor
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I gave my resignation letter on the 9th of this month becuase

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I gave my resignation letter on the 9th of this month becuase i wanted to do a nursing degree. In addition to the letter i implied that i was resigning on the condition that i receive an offer. This email was not acknowledged however we had a discussion before regarding the same. Unfortunately i did not meet the requirements for the course and was not taken up. I write my employes a couple of days after to say that i wished to retract my resignation and would like to continue working. My boss did not acknowledge this email either. He later called me to inform me that my position was no longer available and that he will offer me to go to a different office to maternity till september. I agreed to this. Today however he presented a letter for me to sign. It says change of terms and conditions. The letter mentioned that i am agreeing to take be temporary service manager. This to my understanding is indirectly changing my contract from permanent to temporary. Which i do not want to do having worked for the company 4 years. Please advise
Does my resignation count given that i said it is given on the condition that am successful?
Can i refuse to sign the new letter? If not how can i challange it?
Where do i stand as o long service employee and what options do i have?
I look forward to your response.
Kind Regards
What are you hoping to achieve?
Customer: replied 2 years ago.
I want to stay on the job as per my previous terms and on permanent contract
Customer: replied 2 years ago.
I need to have an answer by tonight as my boss wants me to sign the contact tomorrow
Hello, sorry I was offline by the time you had replied. You may have stipulated a condition to your resignation but that would have been down to the employer as to whether they accept it or not. Silence does not amount to acceptance so they should have confirmed that the conditions you proposed are acceptable to them for them to be bound. You had communicated their resignation to them in any event and it would be treated as a resignation, although the attached conditions would only be binding if the employer had accepted them. There is no legal requirement for the resignation itself to have been accepted to be binding so as soon as you had communicated it to the employer it would have been binding and can only be rescinded with their consent. Legally, your employment will terminate on the date your notice expires as per your resignation. After that they could offer you the same or different position, but that would be down to them as to what they offer you. If the offer is not something you are happy to accept then you cannot be forced to, however it means your employment will terminate as above. If you wish to stay working for this employer you will have to accept whatever is on offer and there is no obligation on them to provide you with the same position and n the same terms you had before resigning. The choice is take what is on offer and remain employed there, or reject it and your employment terminates following the notice expiration. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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