Employees Resigning On The Spot

Early on in my HR career, before People in Mind existed, I had a wonderful boss who always placed a human lens on the HR situations we dealt with before we made a decision. Whether it was about managing performance, implementing change, or working through a disciplinary process, this approach made for sound decision making and very few litigious actions (personal grievances, as we now know them, didn’t exist back then).

One of the most valuable strategies my boss passed on to me when managing an on-the-spot resignation was to take a careful, time-considered approach. We refer to this as a “heat of the moment” resignation and within our employment law framework, it could have the potential to be considered as a constructive dismissal.

Under our employment legislation, a genuine resignation must be clear, unambiguous, and voluntary. If an employee resigns in the middle of an emotional outburst (as an example), there may be grounds to argue it was not a genuine resignation and may leave the employer with the potential for a personal grievance to be raised.

Even though, as an employer, we might want to say yes straight away and jump for joy, I highly recommend deploying the time-considered approach as it helps to diffuse a situation and mitigate risk:

• Don’t accept the resignation immediately. Rushing to accept it without giving the employee time to reconsider could be seen as unfair and open the door for a personal grievance.
• Give the employee time to reflect on their decision. Encourage your employee to take a day (or the weekend) to consider their decision.
• Follow up in writing. Send an email acknowledging what was said and offering the employee an opportunity to confirm their decision once they’ve had time to reflect.
• Have a private, respectful discussion with them. If it is appropriate, check in with the employee to see if they genuinely wish to resign or if they had spoken out of frustration. This might offer you a chance to work things out with your employee.
• Check in with your employee after the reflection period. If your employee confirms they are resigning, take the time to talk through the decision with them and consider the circumstances before you make a final decision on whether to accept.

What happens if an employee rescinds their resignation?
If your employee retracts their resignation promptly and there is no or minimal disruption to your business, best practice would be to allow them to continue in their role.

That doesn’t mean you have to stop the process you were working through that may have led to the “heat of the moment” resignation. It just means you might need to regroup and take a different approach.

If there is any doubt, it is wise to check with an HR professional or an employment lawyer before responding to a “heat of the moment” resignation.
If you need help, get in touch with us today by calling us on 07 823 3250 or emailing us at [email protected].