Chelmsford College Corporation v Teal UKEAT/0277/11
The EAT has held that where an employer consents to an employee withdrawing their resignation, the resignation will be treated as never having been effective. This had grave consequences for the employer in this case, as although the employee had insufficient service to bring a constructive unfair dismissal claim when they first resigned, they acquired sufficient service to bring such a claim by the time of their second and final resignation a few weeks later.
Implications
It has long been established that an employer will normally be expected to provide an opportunity for an employee to withdraw a resignation that appears to have been given in the heat of the moment. However, this case is a reminder that employers should be wary of taking steps to agree the withdrawal of a resignation from an employee who has insufficient service to bring an unfair dismissal. The result may be that the employee is able to resign again at a later date (even relying on the same chain of events to support their constructive dismissal claim) but with sufficient service to bring a claim of unfair dismissal.
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