Q. Can a worker retract a resignation?
A. An employee can resign at any time by giving proper notice under their employment contract. Although there is no legal requirement for a resignation to be written, to avoid confusion over whether or not an employee has resigned it is helpful for employers to state in employment contracts that resignations must be in writing. Once given, a resignation cannot be withdrawn except with the employer's express permission, or where it was given in the heat of the moment and then quickly withdrawn.
Q. Can a worker make an unfair dismissal claim if they have resigned ?
A. Resignation is held to be a dismissal where an employee’s resignation is due to an employer's breach of contract. This is called "constructive dismissal" and an employee can claim both for breach of contract and unfair dismissal if they can show the employer has committed a fundamental breach of contract. If the resignation is caused by alleged sexual, racial, disability, sexual orientation, religion or belief, or age discrimination the employee may also try claiming under the various discrimination laws.
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