Heat of the Moment Resignations

If a resignation has been given by an employee in the heat of the moment, it is best practice to invite them to a grievance meeting to discuss their resignation. This will give them the opportunity to rescind their resignation if you find that you are able to reach an amicable solution.

However, if a resignation has clearly been given and you deem it to have been seriously meant, you are not required to allow the employee to retract it.

In the case of Omar v Epping Forest District Citizen Advice, the employee had verbally resigned in the heat of the moment on multiple occasions in the past and always rescinded their resignation on the same day. Eventually, Omar resigned in the heat of the moment and when they attempted to rescind their resignation a month later their manager refused.

The Employment Tribunal asserted that the resignation was unequivocal and clear and that a resignation could only be rescinded at the agreement of both parties. This means that they found that this case did not amount to unfair dismissal.

In the Employment Appeal Tribunal, it was found that the Employment Tribunal had failed to consider whether the resignation was "seriously meant", "really intended" or "conscious and rational". This shows that it is always safer to allow the employee the chance to have a grievance meeting to discuss their resignation if it was given in the heat of the moment. If there is any uncertainty, it is best practice to wait to accept an employee's resignation until it is indisputable that the resignation was seriously intended.