retracting resignation

[rubymillie]

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?

[Gok Wan]

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]

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

[Markandshez]

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. .