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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66635
Experience:  Qualified Employment Solicitor
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I resigned from my job giving 3 months notice and then

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Hi there I resigned from my job giving 3 months notice and then retracted it 2 weeks later whereby HR confirmed cancellation of termination. I’ve now been told that a senior manager wants me to leave but 2 months after my previous termination as it helps with the workload. Also there is a restructure due and I would be entitled to redundancy but obviously not now. Where do I stand?
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: In what way? The reasons why I was leaving?
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee. Don’t think I’m part of the union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no I don’t think so

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for?

Please note I may not be able to reply until the morning, thanks

Customer: replied 6 months ago.
Thanks that’s fine. 3 years and 3 months. Restructure is happening by March with 10% of team being made redundant. Originally I was leaving end of December but now that want me to leave end of February!

Many thanks for your patience. Whilst you may have initially resigned, if you retracted that and then the employer accepted that retraction, the resignation would have been cancelled and no longer applicable. So if suddenly the employer has changed its mind and still wants you to leave, they can no longer rely on your resignation as it has officially been rescinded. Therefore, if they are looking at terminating you, it must either come through a renewed resignation by you, or they would have to find a new reason for termination, which can only be misconduct capability, redundancy or some other substantial reason. If they chose a reason that is not really applicable just to try and avoid redundancy, then you can consider an unfair dismissal claim against them in the Employment Tribunal.

Does this answer your query?

Customer: replied 6 months ago.
it does. So does an email from an apprentice in HR saying they have cancelled my termination enough? Where should I go with this as my manager was the main reason I was leaving! Do I send emails etc to HR. I haven’t signed anything since my initial resignation. Many thanks Ben for your help to date

Well…it does depend on whether the person who did this had the authority to make such a decision. For example, were they just trying to acknowledge your request or did the have the authority to approve it? If you cannot go to your manager then you need to go one step above that or HR

Customer: replied 6 months ago.
Ok thanks

All the best

Customer: replied 6 months ago.
Thanks for your advice

Moat welcome

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