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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49858
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have asked to retract a resignation, which I know legally

Customer Question

Hello! I have asked to retract a resignation, which I know legally my employer does not have to do. However, I have been told I can retract my resignation if I agree to a lower job grade and a reduction in salary, essentially a demotion / contract variation. Is it legal to make a retraction of resignation conditional on a change in contract? No restructuring is happening at this time in my department and I have had no previous indication there is a performance issue. 20+ years service. Thanks
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

It is certainly possible for an employer to make the retraction subject to a change in contractual terms, even if it leads to a demotion or a change in pay. What the employer has to do is honour your notice period under the current terms. So until your employment under the current terms ends, they must still honour your existing terms and conditions. Once the notice expires they could place you in a different position with inferior terms, as agreed when they allowed you to retract the resignation. The alternative, as you have acknowledged, is that they simply refuse to allow you to retract the resignation and let your employment terminate.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 4 months ago.
Thanks. If the demotion is not justified from a performance perspective and there is a process in place for performance management that the company has not followed, meaning I have no choice but to leave my resignation on the table, would a tribunal not see this as a form of constructive dismissal? They are making my position untenable, are they not?
Expert:  Ben Jones replied 4 months ago.

No, because the initial reason for resigning was not this issue so you vannot cannot rely on it to then claim constructive dismissal. Also if you were to accept the demotion,retract the resignation,then resign again for being demoted, a tribunal will likely look at what happened and that this was not something instigated out of the blue by the employer, but was specifically done in return for allowing you to retract your resignation and it could really weaken any potential claim. Hope this clarifies?

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks