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retracting resignation

My partner has a history of depression and has had previous legitimate time off work due to mental health issues. He went into work last week was very depressed and due to a number of things handed in a letter of resignation, upon reflection 30 minutes later he tried to retract it but his employers refused and he has since lost his job - he is currently under the doctor for depression. Do we have a case for unfair dismissal etc?

rubymillie Mon 04/02/08 18:43

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Gok Wan
Mon 04/02/08
20:15

He hasn't been dismissed though, has he? He resigned. He may well have changed his mind 30 mins later but his employer is not legally obliged to accept his retraction.

Whickerman
Mon 04/02/08
20:16

sorry - Gok Wan is 100% correct. Your husband ended his contract.

In A Pickle
Mon 04/02/08
22:37

Being Bi~Polar(Manic Depressive) myself,I really sympathise with your partner.I have gone through hell in MANY jobs.
However,I too feel that employer has a right not accept your partner's retraction.
It might be that the employer wanted to get rid of your partner all along(given the various times off due to depression) and I am afraid that your partner may have played right into their hands.
He doesn't have a case for unfair dismossal,as it wasn't dismissal,he resigned.
The best thing now is to try and get him some counselling etc,so that he can find a new job where he will be a ble to cope,and where he will be valued for who he is.

Markandshez
Wed 13/02/08
14:36

At a push he could claim constructive dismissal if they made his life so miserable he was forced to resign, but to do that he will have to be able to prove he had registered a grievance about the way he was being treated or that it was unreasonable because of the working situation to do that. .

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