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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75168
Experience:  Qualified Solicitor
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I resigned as I am moving house and wanted more working from

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I resigned as I am moving house and wanted more working from home. I was offered to work in another office closer to my new house and 3 days in the office - which is the same as I do now but this office is going to take me 4 times as longer to get to. So after 3 weeks of monitoring the traffic time and assessing my childcare options I said it wasn't going to work for me. But they insist I had rescinded my resignation but I most definitely did not. They want me to work a full 3 month notice Ive offered the remaining 2 from my original resignation And 1 month as a fixed term contract working from home which they declined
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I e-mailed again to confirm my resignation And last date of 5th November
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They've accepted that date but keep stating I will not be working my full notice And that concerns me as I don't want a bad reputation in the industry

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.

What do you specifically want to know about this? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 17 days ago.
Well what is the legal standing? Is my resignation still valid? Even though my employer seems to think I verbally retracted it by agreeing to have a conversation about it.
Customer: replied 17 days ago.
that conversation didn't resolve my issues of wanting to be more home based

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?

Customer: replied 17 days ago.

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.

Customer: replied 17 days ago.

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?

Many Thanks

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.

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