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Can a resignation be withdrawn?

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36TEAK36 | 16:40 Wed 25th Feb 2009 | Law
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This is purely a hypothetical question, and certainly not something I am intending to do.

If I handed in my resignation to my employers, giving the required 30 days notice, and after a couple of weeks I decided to withdraw my resignation, are my employers obliged to keep me, or could they enforce the resignation?
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No, they are not obliged to keep you.
If you give your employer your resignation, they have the right under the T's and C's of your employment to decide whether you work the full term of your notice or leave early paying you til the end of your notice period. This means if you give 30 days notice to your employer, they have the right to pay you for the 30days of your notice at any time and let you go immediately.

If you have worked for your employer for less than one year, your employer does not have any obligation to keep you should you decide to withdraw your resignation. Hope this helps.
Neither of the above answers is correct.
It boils down to what the employer did once the notice is handed in. If the employer indicates acceptance of the notice, or if the employer acted on the resignation letter to do something such as start a new recruitment process, then the employee is stuffed - he cannot get out of it.
Otherwise he may be able to argue in the courts that the resignation had not been accepted by the employer.
An employee can ask to withdraw notice of resignation but it is up to the employer whether or no it is accepted. If a person gives notice with the intention of starting another job which does not materialize and then goes on to claim JSA, we always ask if a request to withdraw the resignation was made.

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