In February we wrote of the case where an employee walked off the job saying, “I’m out of here, I’m finished”. On the day the employee walked off the job, his employer wrote to him saying that he regarded him as having resigned. The employee did not show for work for 6 days or make any contact with his employer over this period.

Most people would assume in this situation that the employee had resigned.  But, can an employer rely on this as a valid resignation?

The short answer to this question is surprisingly, NO.

Because employers and employees have to act in good faith toward one another an employer must investigate the resignation further. The employer cannot simply take the emotionally charged resignation at face value.  The employer has to ensure it is the employee’s actual intention to resign.

Further to our initial report we now provide more guidance on what steps an employer should take if an employee appears to resign in the heat of the moment.
 
When faced with an emotional resignation an employer should do the following:

1. Allow the employee some time to cool off, and fully consider his/her intention to resign. 24 hours is generally accepted as a minimum “cooling off” period.
2. Take reasonable steps to establish the employee’s intention. In order to do so, an employer should:
• Check with the employee (preferably in writing) whether they are sure about the decision.
• Offer the employee time to reconsider.
• Invite the employee to meet and discuss the reasons for the resignation before confirming acceptance.
• Have the employee confirm his/her resignation in writing.

Only once reasonable efforts have been made to ascertain the employee’s intention can the employer complete the termination process.

If you are unsure what to do when an employee walks out call Alan Knowsley for an initial chat.