Verbal Resignation - Advice Please

buttons77 | 10:23 Sat 15th Mar 2025 | Law

13 Answers

Hopefully someone here can help me with a bit of advice please.

On Thursday I got very upset in a meeting at work and walked out saying that they could expect my resignation later. I grabbed some personal items from my desk and left.

I went to see my doctor and he gave me a sick note for work stress until the end of the month.

I emailed the sick note to HR. Half an hour later I received a reply headed "Re: receipt of resignation letter" in which they accepted my resignation. I was told that I would be paid to that day (Thursday) plus 4 accrued holidays. Nothing else.

My contract says that resignation needs to submitted in writing giving 4 weeks notice.
I have been Googling (maybe not such a good idea) am I right in thinking that a verbal resignation given in the "heat of the moment" is not valid? Am I entitled to payment of, at least, 4 weeks in lieu of notice?
I am absolutely gutted and extremely hurt and upset that it has come to this after many years with the company.
any thoughts would be welcome please. TIA

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ToraToraTora

Sounds like they jumped at the chance to get shot of you. I'd say you can challenge this, you'd best contact an employment specialist solicitor. Give them your contract and they'll construct a letter to HR for you using all the correct legal terms. Hopefully that should do the trick.

buttons77

Question Author

Thanks TTT. I have had a feeling over the last few months that things were just not quite right 🙁

barry1010

You might find this useful, especially 'accepting a verbal resignation given in the heat of the moment could lead to claims of unfair dismissal'.

https://www.gov.uk/handling-staff-resignations

buttons77

Question Author

Thanks Barry, that's what I was thinking.

On Monday, once my head has settled down I will look for a solicitor.

ToraToraTora

yes, basically the letter should say take me back or be hit with a UD suit. Of course written in flowery legalese. Good luck.

Maydup

Try ACAS before you pay out for a solicitor. They will be able to offer you a plan of action.

Its very clear to me that although you suggested you would be resigning the next day, you didn't actually do it!

The proper procedure is for the employee to discuss the situation with you. You might get a warning for storming out of a meeting and maybe even lose your job because if it but you have a right to go through that process.

Ring ACAS today not Monday. However regardless of everything, do you want to go back or has trust broken down between you and the company?

https://www.acas.org.uk

Prudie

I'd tell HR (or more usually your manager) first that you're considering ACAS then legal advice to give them the chance to review which may work in your favour. Companies will usually avoid incurring legal challenges at any cost unless they know they are right. Don't always assume HR know what they're doing, they regularly don't.

buttons77

Question Author

Thanks Maydup - I honestly don't think there's any going back after this but I do feel I have been treated badly after nearly 16 years. I just want a fair leaving payment.

If I had resigned and given the specified 4 weeks notice, they could have paid me in lieu or put me on garden leave (or insisted I go into work)

I don't think that I should have only been paid to the day I verbally resigned. I'm not sure that doing it after I had submitted a doctor's note for work stress is legal either.

Peter Pedant

blimey some reallly good advice on this thread

buttons77

Question Author

Thanks Prudie. HR is my manager 😏. I was thinking more of advice on what to say. Would it be along the lines of - they have had no written resignation and to only pay me to the day of my verbal resignation seems more like dismissal. Also would you mention the fact that I have submitted a sick note on that same day, which they have completely disregarded?