Have you tendered a resignation and need to retract it

This page gives clear, people‑first guidance on withdrawing a resignation under UK employment law. It is a plain‑English overview to help you understand your options. It is not legal advice, and outcomes depend on your circumstances.

You can ask to withdraw your resignation but you do not have a right to insist. Your employer can refuse. The main exception is where your ‘resignation’ was given in the heat of the moment or was not clear and unambiguous. Act quickly, confirm in writing, and seek advice if there are wider issues like bullying or discrimination.

Key takeaways 

• If you have tendered a resignation you cannot unilaterally take back your resignation. Your employer must agree.
• If your words were unclear or said in the heat of the moment, your employer should give you a short opportunity to reconsider.
• Withdraw your resignation as soon as possible in writing and keep a paper trail.
• If your employer refuses and your job ends, you may still have claims, for example  constructive unfair dismissal or discrimination depending on your circumstances.
• Get advice before making big decisions, especially if you are on a visa, pregnant, or off sick.

Can you retract a resignation? 

Changing your mind after resigning is common. The law views resignation as your decision to end the contract of employment. Once you have given notice, you generally need your employer’s consent to withdraw it and remain employed. However, there are situations where a ‘resignation’ may not count, for example if it was unclear or said in the heat of the moment.

Definition and common scenarios 

Resignation means telling your employer you intend to end your employment and usually requires you to give notice in accordance with the terms of your contract of employment. It can be verbal or written. People often want to retract a resignation when a new job falls through, personal circumstances change, or something was said in anger during a dispute. 

Your rights and your employer’s obligations 

As a starting point, an employer does not have to accept a request to withdraw a genuine, clear resignation. But good practice is to consider the request fairly, particularly where the resignation may have been impulsive or linked to ill health or personal crises. Your contractual notice period and any restrictions, like non‑compete clauses, will usually apply unless both sides agree otherwise or there has been a fundamental breach by your employer and you are resigning to claim constructive unfair dismissal.

Current law and guidance (in short) 

• Notice cannot usually be withdrawn without agreement from your employer.
• Words said ‘in the heat of the moment’ should be checked. Employers are expected to allow a brief cooling‑off period to clarify whether you truly meant to resign.
• Minimum statutory notice rules still apply to the timing of any termination, unless the parties agree different terms or there has been a fundamental breach by the employer.

Process: how to try to withdraw your resignation 

1) Seek urgent legal advice on your position and what you should do or say, which will be specific to your particular situation.

2) Act at once. Tell your manager the same day if possible, saying clearly that you wish to withdraw your resignation.
2) Confirm in writing. Send an email or letter to record your position in writing. The email or letter can confirm the date you resigned, why you are withdrawing it, and that you wish to continue working.
3) Provide context if appropriate. If stress, health or a heated incident affected your decision, say so.
4) Offer to discuss. Ask for a short meeting and propose practical solutions, for example, continuing in your role or an agreed plan to address the issue that led to resigning.
5) Keep records. Save emails and notes of any conversations, especially those that led to your resignation. 
6) If refused, consider next steps. Ask for the reasons in writing and promptly take further advice about options, timelines, and any claims.

Common pitfalls to avoid 

• Waiting too long before withdrawing your resignation.
• Suggesting you only ‘might’ want to stay. Be clear and unambiguous.
  Aggressive or accusatory language in your request.
• Resigning again if negotiations are tense. This can undermine any argument that the first resignation was not genuine.
• Ignoring personal issues that may have had an impact, such as; childcare, maternity or sickness. Get tailored advice.

Examples 

Example 1:  Heat of the moment – During a row, you say; ‘I’ve had enough, I quit!’. You email the next morning to withdraw it, explaining you were distressed and reacted to the situation. The employer should allow a short period to clarify your intention and may accept your withdrawal.

Example 2:  Clear written notice – You secure a new job and hand in a formal resignation letter with a leaving date as per your contract of employment. A week later your new job falls through. Your employer can refuse to let you retract your resignation and stay. You may need to work your notice or agree an alternative.

Example 3: Health context – You resigned while off sick with severe anxiety. You withdraw the resignation with medical evidence. The employer should consider the request carefully and the wider duty to make reasonable adjustments if you have a disability .

FAQs

Can I withdraw before my employer ‘accepts’ my resignation?
Not as of right. Once you give notice, withdrawal needs agreement, whether or not acceptance was confirmed.

Do I need to put my withdrawal in writing?
Yes. It creates a clear record of what you are asking and when.

Does a heat‑of‑the‑moment resignation count?
Tribunals look at what a reasonable observer would understand in context. Employers should allow you a brief chance to clarify your position where words were said in anger or under acute stress.

What if my employer refuses?
Your employment will normally end on the original date. You might still have claims, for example, if the employer unreasonably treated an impulsive statement as a resignation or if underlying breaches forced you to resign (constructive unfair dismissal). Get advice quickly.

Will this affect my notice, holiday pay and references?
If the resignation stands, your usual rights to pay, holiday pay and a basic reference should still apply unless there is serious misconduct or another reason to change that.

When to get advice and next steps

If you have resigned in haste, or your employer is refusing to allow withdrawal, speak to our team promptly. Tight time limits apply to many employment claims. We can review your emails, meeting notes and contract and help you plan the safest next step. 

You can ask to withdraw your resignation but you do not have a right to insist. Employers should consider genuine ‘heat‑of‑the‑moment’ cases and may allow a short cooling‑off period to clarify intention. Act fast, confirm in writing, and seek advice if there are wider issues like bullying, discrimination or ill health.

Speak to our team about retracting a resignation. 0800 915 7777 or hello@kilgannonlaw.co.uk

This page provides general information only, based on UK employment law as at the date of publication. It is not legal advice and must not be relied on as such. Outcomes depend on your circumstances.