Buddy says: Although an employer is entitled to consider any such request made, an employee does not have the right to withdraw their resignation once given.  If when resigning, the employee has used words or actions that are ambiguous or has resigned in the heat of the moment, employers should exercise caution.   

If the resignation was given in the heat of the moment, a cooling off period should be allowed to enable an employer to determine whether the employee really intended to resign from his/her employment. 

Employer information: What qualifies as a reasonable cooling off period following a resignation in the heat of the moment will depend upon the facts of the individual case.  If an employer fails to allow a cooling off period in these circumstances and accepts the resignation, then there is a risk that a Tribunal may conclude that the employee has not in fact resigned, but was dismissed by the employer.  

An employee who has a minimum of one year's service would have the right to claim unfair dismissal in such circumstances.  It is also important to be aware that although an employee has less than one year’s service, there could be situations in which other claims might arise, including discrimination.

If an employee appears to have resigned or has walked out after an argument, it is important for employers to consider the following points:

• Do not immediately assume that the employee has resigned;
• Allow for a cooling off period;
• Take steps to determine whether he/she really meant to resign;
• If there is still ambiguity, ask how a reasonable employer/employee would have understood the words in the circumstances;  
• If you are unable to contact the employee, wait a reasonable time before commencing termination procedures; and
• Undertake further investigation if you received additional information relating to the situation which may have had an impact of their decision to resign (for examples, bullying by a colleague). 

Employers should also be careful not to say things in the heat of the moment that could be misinterpreted as a dismissal and it is a good idea to train management in handling conflict.  This can help to resolve any workplace problems straight away, rather than allowing them to escalate to the point where formal procedures need to be applied.