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Original poster

Employee left and wants to come back

16 replies

Babiesandboardgames · 07/08/2024 16:23

Hi,
A bit of background
I have an employee and we are a team of 2
My employee has worked in the council for more than 20 years. They are a poor performer and have moved from job to job in that time and have been on multiple PIPs. When a PIP goes anywhere, the employee claims the manager is racist / discriminatory and the manager doesn't want a lawsuit, so they get moved or reassigned. He got reassigned to me in April when I joined and I'd been warned about him anonymously on Linkedin when I got the job.
My employee by some miracle voluntarily resigned and got another job at another council, which is great for me of course. However due to his attitude the offer has fallen through and he wants his job back.
I've processed the resignation, submitted to payroll, and frankly I don't want him back. Can I keep the resignation or could he file a tribunal against me?
Many thanks

OP posts:
SauviGone · 07/08/2024 16:25

I’ve no idea but fingers crossed for you that you can!

Has he actually worked his final day with you and left yet?

MrsKwazi · 07/08/2024 16:25

What does HR say?

SunshineAndFizz · 07/08/2024 16:27

Speak to HR or ring ACAS but if it's a moral question then I'd say good riddance and don't look back.

Ilikewinter · 07/08/2024 16:30

Just taken this off the ACAS website:
Your employer does not have to accept your request to withdraw your resignation. However, they should give it serious consideration, especially if:
you very quickly changed your mind about resigning
it happened when your state of mind was affected by another factor, like a health condition or bereavement.

When did they resign, if it was a couple of weeks ago then I'd say no way!

viques · 07/08/2024 16:36

I think the fact that he resigned seriously enough to apply for and accept another job means the resignation was genuine. If he wants to work for your
organisation again he can apply like anyone else.

I have a feeling that unfortunately he will not meet the initial JD criteria so his application will not proceed to interview. Shame.

Mrswalliams1 · 07/08/2024 16:43

He resigned which has been accepted. It doesn't sound like a heat of the moment resignation so you don't have to accepted his retraction.

magicmushrooms · 07/08/2024 16:43

If you have his resignation in writing and the only reason he wants his job back is because the other job offer got recinded I think you are good to say no. HR can confirm.

i had this once, 48 hour after resigning changed their mind and I said no. I can no longer be sure they will remain in the job seeing as they resigned 2 days before stating they had another job.

JoyousPinkPeer · 07/08/2024 16:44

No way would I permit him to withdraw his resignation. You hopefully have lots of evidence of previous PIPs, just in case you need it.
Look at his resignation letter to ensure there is nothing in there that might be consudered a grievance.
I'd say now The job is vacant it must be advertised and the best person appointed ... somebody could actually complain if you just re-appoint him.

OneFrenchEgg · 07/08/2024 16:44

He hasn't changed his mind, he's been rejected (after the fact). I did this and was told no when I wanted to stay (changed my mind as I had a break up and couldn't cope with the change). I had to suck it up and I was a great employee!

Ivehearditbothways · 07/08/2024 16:46

Just say no. You’ll be absolutely fine.

Daffyyellow · 07/08/2024 16:57

I think to have him back would be a gesture of goodwill but given his track record I don’t think you need or ought to do that. If you have an HR department make sure they know your views on him so he doesn’t benefit from someone’s benevolence that you end up having to live with.

Original poster
Babiesandboardgames · 07/08/2024 19:41

Hi
He resigned yesterday.
I've accepted his letter and sent off the official forms to the appropriate teams.
He's annoyed the new HR already because he's disputing something in the terms and conditions (something 100% clear on the website and I told him, but he didn't listen).
I've contacted our HR to read at their most urgent timescale but I haven't heard back yet.
Hopefully they say I can get rid!

OP posts:
Ladymuck2022 · 07/08/2024 20:16

It used to state on the employment part on .gov that we as employees could ask to take resignation back but an Employer doesn’t have to accept.

rwalker · 07/08/2024 20:30

Fingers crossed for you
but most big lack backbone and cave in

shuffleofftobuffalo · 07/08/2024 20:58

We had this happen recently, someone in the team turned out to be a right PITA. We all breathed a sigh of relief when he resigned. Midway through his flounce he changed his mind and asked to rescind his resignation. We were given the choice by HR and said no.

Oblomov24 · 07/08/2024 21:19

Hopefully HR will confirm that you are well within your rights to say no.

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