An employee has an argument with their manager, gets frustrated and suddenly announces: “That’s it. I quit!”
They walk out or send an angry resignation email. As an employer, you might think the matter is straightforward. They’ve resigned, so you can start arranging their replacement.
But what happens if they return the next morning and say they didn’t mean it?
Not every resignation made in the heat of the moment should be treated as final. Accepting one too quickly could create unnecessary employment disputes.
Can an employee resign in the heat of the moment?
Yes. Employees can resign verbally or in writing. However, the circumstances surrounding the resignation matter.
Employment tribunals have recognised that words spoken in anger or during an emotional confrontation may not always represent a genuine intention to leave.
For example, saying “I’ve had enough. I’m leaving!” during a heated disagreement may be very different from submitting a considered resignation letter.
For example, in the 2023 employment tribunal case Omar v Epping Forest District Citizens Advice, the Employment Appeal Tribunal considered the circumstances surrounding an employee’s resignation during an altercation with their manager.
The case highlights why employers should consider whether an employee genuinely intended to resign, rather than relying solely on the words they used.
What if an employee resigns during an argument?
Imagine a business owner raises performance concerns with an employee. The conversation becomes heated, and the employee responds:
“I’m not putting up with this anymore. I quit!”
What should the employer do?
Rather than immediately treating the employment as ended, consider:
The circumstances: Was the employee visibly upset or angry?
The language used: Was it a clear resignation or an emotional reaction?
Their behaviour: Did they take steps suggesting a genuine intention to leave?
The wider situation: Were there existing workplace issues that contributed to the reaction?
If there is genuine uncertainty, give the employee a reasonable opportunity to calm down and clarify their intentions.
What if the resignation comes by email?
An employee might send an email immediately after an argument, stating that they are resigning with immediate effect.
Having it in writing doesn’t mean employers should automatically ignore the surrounding circumstances.
If there are reasons to question whether the employee genuinely intended to resign, acknowledge receipt without immediately confirming that their employment has ended.
Arrange a conversation once things have calmed down and ask them to confirm their intentions.
What should employers do?
1. Don’t react emotionally. Keep the conversation professional. Avoid making immediate decisions while tensions are high.
2. Consider the circumstances. Look at what was said, how it was communicated and whether the employee genuinely intended to leave.
3. Allow reasonable time where appropriate. There is no automatic cooling-off period for every resignation, but giving an employee time to reflect can help clarify their intentions.
4. Ask for confirmation. Arrange a conversation and ask whether they genuinely wish to resign. If they confirm their decision, request written confirmation where appropriate.
5. Keep a record. Document what happened, what was said and how you responded. This could be important if the employee later disputes the resignation.
Can an employee change their mind?
An employee does not automatically have the right to withdraw a clear and effective resignation simply because they regret their decision.
Generally, withdrawing a resignation requires the employer’s agreement.
However, if the original resignation was made in circumstances suggesting it was never genuinely intended, the position may be different.
ACAS recommends having an informal conversation when an employee asks to withdraw their resignation and being as understanding and flexible as possible.
Advice for employers
When an employee resigns in anger, the easiest response isn’t always the safest.
You don’t have to assume every resignation is impulsive, but you should recognise when the circumstances suggest an employee may not genuinely intend to leave.
Taking time to clarify their intentions, responding professionally and keeping clear records can help prevent a difficult workplace situation from becoming a costly employment dispute.
