In light of recent decisions by the Employment Appeals Tribunal (EAT), it’s important for employers to understand their obligations and rights when an employee changes their mind after resigning. While the concept of resignation may seem straightforward, real-world situations often raise complex legal and procedural questions. 

Can an Employee Retract Their Resignation? 

In most cases, once an employee has submitted their resignation, they do not have the automatic right to withdraw it. Under Irish employment law, a resignation is considered a unilateral act. As long as it is communicated in clear, unambiguous and unconditional terms, it serves as effective termination of the employment contract. 

In Balazi v Simro t/a Wrights of Howth (UD 995/2008), the EAT confirmed that a clear resignation was sufficient to terminate the employment relationship and the employer was entitled to accept it. 

Verbal vs Written Resignations 

While resignations can be made either verbally or in writing, it is best practice to request written confirmation. Doing so reduces the risk of future disputes and provides a clear record of the employee’s intention. 

For example, in Jackie Drumm v Electricity Supply Board (2012), the EAT held that no valid resignation had taken place because there was no letter to confirm it, no cooling-off period and no exit interview. Similarly, in Brian O’Herlihy v Cadbury Ireland Limited (UD274/2008), the employer was not required to revisit the employee’s resignation months after it was initially given, and the tribunal dismissed the claim. 

When Should an Employer Accept a Retraction? 

While employers are not legally obliged to accept a retraction, they may choose to do so, particularly if: 

• The resignation was made in the heat of the moment.

• The employee was under significant stress or pressure.

• The communication was vague or conditional.

A key example is the Social Care Worker v Social Services Charity (ADJ-00039351) case. Here, a long-serving employee resigned while experiencing stress and later attempted to withdraw her resignation, supported by medical evidence. The employer refused, citing a no-retractions policy. The Workplace Relations Commission (WRC) ruled in favour of the employee, stating that the resignation was made under duress and that the employer acted unreasonably. 

Best Practices for Employers 

To conclude, it’s important that employers: 

• Request resignations in writing to maintain clear records.

• Evaluate the context, especially emotional or stressful situations.

• Allow a short reflection period for resignations made impulsively.

• Consult legal or HR experts before treating any questionable resignation as final.

Resignations are not always black and white. As recent EAT and WRC decisions show, the circumstances surrounding a resignation, and any attempt to retract it, can have serious legal implications. Taking a thoughtful, case-by-case approach helps protect your business while supporting fair outcomes for employees. 

If you have any questions about managing employee resignations or need tailored HR support, please contact us at The HR Company.