How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71430
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I handed my notice into my manager amonth ago but told them

Customer Question

Hi, I handed my notice into my manager amonth ago but told them I wanted to retract it 2 weeks ago, but yesterday I received my p45, when I asked what was going on they said I could finish my shift then I would have to leave,I was then told if I wanted my job back I would have to re apply for my job and have a interview. HR told my manager I should I should of put it in writing that I wanted to retract my resignation but was not told this by my manager
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Only with my manager who spoke to HR, when I ask my manager that I wanted to retract my resignation she said she would let HR know,but she obviously she didn't tell them
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee, and not in a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just want to know if I have been unfairly dismissed
Submitted: 23 days ago.
Category: Law
Expert:  Ben Jones replied 23 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 23 days ago.
Expert:  Ben Jones replied 23 days ago.

How long have you worked there for?

Customer: replied 23 days ago.
10 years
Expert:  Ben Jones replied 23 days ago.

Thank you very much for clarifying. How much notice did you have left when you approached them to retract it?

Customer: replied 23 days ago.
About 2 weeks
Customer: replied 23 days ago.
When I asked my manager I wanted to retract my resignation not once did she mention anything about putting it in writing, she just said she would let HR know
Expert:  Ben Jones replied 23 days ago.

Thank you. Once you have resigned, there is no legal right to retract your resignation and the employer is entirely within their rights to deny that. The only time you would be able to potentially argue it is if you had resigned in the heat of the moment and it may not be apparent that you had actually intended to resign. In that case, the employer should give you a cooling off period of a day or two to confirm your intentions, but that does not appear to be the case here.

Therefore, even if you had requested to retract it, they would not have been under any legal obligation to accept that or even consider it. Also, the wrong advice by the manager does not amount to an unfair dismissal as you had already resigned and there was no dismissal by the employer – they just did not act on your request to retract the resignation, which as mentioned they are perfectly able to do.

Expert:  Ben Jones replied 23 days ago.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.

Customer: replied 23 days ago.
Ok thank you very much for your help
Expert:  Ben Jones replied 23 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

Customer: replied 23 days ago.
Thank you
Expert:  Ben Jones replied 23 days ago.

No worries