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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.
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Thank you. So did you ever say anything specific about rescinding your resignation, or that you have changed your mind, or anything else to clearly imply that?
No, my boss suggested we have a meeting to talk about it the following week and I agreed.
He then asked me "so I won't do anything with your e-mail just now?"
I agreed as it was pending the outcome of the meeting to address the reason for my resignation.
That meeting didn't provide a solution although I said I would consider it to be fair. I considered it and said it didn't work for mr and my resignation still stands
Thank you very much for clarifying. I cannot see how they can successfully claim that the resignation was rescinded. AT most it would have been out on hold for the duration of this ‘trial’ but then restarted as soon as it was obvious it was not working. For a rescission, there must be a clear and unambiguous intention by you to do that and this does not appear to be the case here.
As far as you are concerned, you should continue with the resignation as originally planned, even though you have offered to extend it slightly, which is reasonable.
The employer cannot force you to work for them for longer than that. In the end, you will assume your employment has terminated at the end of the notice period and you would have no further obligations towards them. The only thing they can do is pursue you for damages they allege they have incurred as a result of your breach by no giving the required notice. However, based on the above, I think it will be a difficult thing for them to prove and be successful with.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
Thank you for your answer. It helps to know legally I haven't done any wrong.
However, I was under the impression that if a resignation was in writing it should also be retracted in writing? Or is that just best practice?
Hi there, thank you for your further queries, which I will be happy to answer. There is certainly no law about it and it would be considered best practice at most. I hope this clarifies things for you a little bit more.