If an employee resigns impetuously after a disagreement or incident, should you let them change their mind? David Wright explains the legal procedures you need to follow

Most salon owners will experience a situation where they, or a manager, fall out with a member of staff, which leads to the employee resigning on the spot. They might walk out, and may not put their resignation in writing. So, what happens if they turn up for work the next day saying they’ve changed their mind or acting like nothing happened?

Generally, an employee who resigns cannot withdraw their resignation just because it was given in the heat of the moment. The decision as to whether to accept the change of mind is almost entirely the employer’s, but you should always look at the circumstances that led to the resignation, and the words that were used, before making a final decision.

If the employee didn’t give a written resignation, that’s a big issue if your contract says that notice has to be given in writing. If you don’t want the employee to leave, you might be happy to forget the incident. However, if the employee isn’t a model worker, or you simply can’t ignore the argument and what was said, then you face a more complicated situation. It leaves the door open for the employee to argue that they had not meant to resign, that you overreacted, and to make a claim at employment tribunal.

Previous cases

The question of whether an employee did or did not resign has been considered in a number of cases. Previous decisions from employment tribunals have indicated that sometimes there are special circumstances and the employee hasn’t resigned.

The general advice is for the employer to consider:

• The context in which the resignation was given – cases where a tribunal decided the resignation didn’t stand included when the employee had been pressured or provoked by a manager.

• The words used - “stuff your job, I quit”is very different from “I have to decide if I want to work here anymore”.

If there are special circumstances, the employer should wait a few days before acting on the resignation, giving the employee a window of opportunity to change their mind. In the past, I have suggested writing to the employee to say you will accept their resignation and notice period but are allowing them time to reconsider. Allow a few days, but indicate that if you haven’t received any contact by a set date, you will process their resignation.

That will go a long way to protecting you from any tribunal claims. What is a reasonable period of time will depend, to a degree, on the details of the case, but a day or two is usually sufficient. You have then been seen to have allowed a cooling-off period and the employee cannot argue their resignation was in the heat of the moment.

The employee may well turn up for work the next day, tail between their legs, and it’s agreed they haven’t resigned. But if an employee walked off the job and left clients high and dry or shouted in front of them, you will reasonably be able to discipline them and in some cases dismiss them. Of course, you need to follow your disciplinary procedure to the letter.

David Wright is a consultant in all aspects of employment practice and law. He is the main employment law consultant for Habia and provides a personalised support service for UK salons. Tel: 01302 563691 davidwrightpersonnel.co.uk