In UK employment law, once an employee has given clear notice of termination, it cannot be retracted without the consent of the employer. This principle is well-established, but there are exceptions, particularly when the resignation is given under circumstances where the employee's judgment is significantly impaired due to mental health issues. In such cases, the employer should reasonably regard the notice as not the product of a rational thought process. Refusing to allow the retraction of such a resignation could amount to an unfair dismissal.
Case law: Bradley v Royal Mint
The case of Bradley v Royal Mint is particularly illustrative. Miss Bradley, who held a senior HR position, suffered from various mental health conditions, including depression, anxiety, and ADHD. These conditions were acknowledged by her employer and amounted to a disability under the Equality Act 2010. Bradley had previously attempted to resign during periods of mental health crises, and her manager had commendably declined to accept her resignations on those occasions.
In June 2022, Bradley resigned again, this time in a calm and considered manner, citing financial aspirations as her reason. However, when her first attempt to secure an interim role failed, she sought to withdraw her resignation, attributing it to her mental health conditions. The Employment Appeal Tribunal (EAT) found that the Royal Mint had not adequately considered whether Bradley's resignation was genuinely influenced by her mental health conditions. The EAT ruled that the employer should have paused and investigated the claim before refusing the retraction, thus potentially making the refusal an act of disability discrimination.
Practical steps for employers
Initial response to resignation
Acknowledge the resignation: When an employee resigns, acknowledge the resignation in writing, confirming the last working day and any other relevant details.
Assess the context: Evaluate the circumstances under which the resignation was given. If there are indications that the employee was under significant stress or experiencing a mental health crisis, consider these factors seriously.
Cooling-Off Period: Allow a short cooling-off period for the employee to reconsider their decision, especially if the resignation was given in the heat of the moment or under extreme pressure.
Decision-making process
Proportionality and justification: When deciding whether to accept or refuse the retraction, consider whether the refusal is a proportionate means of achieving a legitimate aim, such as maintaining workforce stability or upholding business credibility. Document all considerations and the rationale behind the decision.
Consultation and communication: Engage in open communication with the employee, offering support and exploring possible adjustments that could help them continue in their role. This could include changes to workload, flexible working arrangements, or additional mental health support.
Additional considerations
Legal Advice: Given the complexities involved in cases of mental health-related resignations, seeking legal advice can help ensure that the employer's actions are compliant with employment law and the Equality Act 2010.
Training for managers: Equip managers with training to recognise signs of mental health issues and handle sensitive conversations appropriately. This can help in making informed decisions and providing the necessary support to employee.
Documentation: Keep detailed records of all communications, medical evidence, and the decision-making process. This documentation can be crucial if the matter escalates to an employment tribunal.
By following these steps, employers can navigate the complexities of retracting resignations influenced by mental health issues, ensuring that their actions are fair, proportionate, and legally compliant.
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