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Should I accept the withdrawal of resignation?

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Most of the threads in this forum are from the point of view of the employee, my situation is more from the side of the employer:

Someone who reports to me resigned a month ago, they have a 3 month notice period. HR were informed, the recruitment process for the replacement started and a couple of interviews have already taken place. Now this person wants to withdraw their resignation, they’re having second thoughts about going to the new employer. They haven’t told the new employer this, they haven’t signed a new contract with the new employer either.

Legally as I understand it the ball is in my court. I can either accept the withdrawal or not. I have already asked HR for advice on next steps. They’re being as fast as ever to respond (ie very slow), I won’t make a decision until I have discussed with them. 

I have considered the pros and cons of both options. I am a bit on the fence. I think my boss would be happy to just let this employee go, though I think they want me to make my own mind up. Just wondering if others have been in a similar situation before (either as the employee or employer), or what you would do in this situation?
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Comments

  • El_Torro
    El_Torro Posts: 1,869 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 February 2023 at 11:23PM
    I would want some clear indication that the person would be committed to their role should you accept the resignation withdrawal request.

    Obviously you cannot insist someone stays but why did they want to leave in the first place. Was it for a better opportunity or because they don't like the job/bored aren't stretched enough as they may like to be. Or was it down to money etc 

    Knowing the reason they chose to seek employment elsewhere would help you decide whether that's something that is likely to change. 

    If it's not changeable will they just leave at the next opportunity, mess you around and force additional recruitment costs on you?
    Good point, thanks.

    From my discussions with him it seems that the new employer originally agreed for him to start in April but has now moved his starting date to September. Of course I’m only hearing one side of the story, the new employer’s version of the story might be different. I have already agreed with him that we will extend his leaving date to end of July (gives me more time to find a replacement at least), it was a few days later that he told me he doesn’t want to leave at all.

    My feeling is that he has become disillusioned with the new employer (them moving the start date) and that’s why he is having second thoughts. Of course if he finds another potential employer in 6 months time (or whatever) there’s nothing stopping him resigning again. 

    He’s told me that he if he stays he will be committed to the company, will want to progress within the company, etc… I’m having trouble taking his commitment at face value though. 


    The new job is also in a different field to what he is doing now. When he originally resigned he told me it was because he wanted to try something different. Also I work for a large company and he wanted to try working at a small company (more opportunity to make an impact, etc…). This again makes me think that he wouldn’t hesitate to jump again if an opportunity arises. 
  • In your position I would stick with accepting the resignation and keep looking for a replacement.
    Things that are differerent: draw & drawer, brought & bought, loose & lose, dose & does, payed & paid


  • elsien
    elsien Posts: 36,058 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There’s a reason they applied for another job. Unless things have drastically change that reason is going to still be there. They’re probably going to jump ship again at some point. 
    How easy are they to replace, and how desperate are you to keep them?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • El_Torro
    El_Torro Posts: 1,869 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    elsien said:
    There’s a reason they applied for another job. Unless things have drastically change that reason is going to still be there. They’re probably going to jump ship again at some point. 
    How easy are they to replace, and how desperate are you to keep them?
    Not particularly difficult to replace. 

    He’s a good employee, so it’s a shame he’s leaving. I wouldn’t say I’m desperate to keep him, especially with all the back and forth we’ve been having on when / whether he’s going.

    I’ll see what HR say, though I’m leaning more towards him going, since we could be in this same position again in 6 months time. 
  • goater78
    goater78 Posts: 193 Forumite
    100 Posts Photogenic
    If the candidates who have applied for the role are of a high enough calibre then I would not accept the resignation withdrawal.  If the candidates are poor then accept it but be aware the candidate will almost certainly resign again soon. 
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think the key issue is why he wanted to leave in the first place, and what the quality of his work is. 

    We've had situations that have gone both ways , and we've also had people seek to return shortly fter leaving, and it can be a positive.

    That said, if they are getting bored / wanting change then I think the likelihood is that they will still be looking for a new job, so unless there is a benefit to your company in retaining them in the short term then I would lean towards not agreeing the retraction in this case. IF they are  better at the job than most, or it's likely to be difficult to recruit then keep them on, but perhaps also have a serious conversation with them first about what they see thir plans and next steps being . Are they looking for opportunities to move on internally, what has changed that they ar eno longer looking to move? 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • He’s told me that he if he stays he will be committed to the company, will want to progress within the company, etc… I’m having trouble taking his commitment at face value though. 
    You appear to have lost trust in him - that is not a criticism in any way, but your gut feeling should be something of a guiding principle for you for all sorts of reasons not least the likelihood of him looking to jump ship again when it suits him.
  • pjcox2005
    pjcox2005 Posts: 1,018 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    For me it would come down to a few things:
    - How good they are at their job? Was it a disappointment when they resigned or not.
    - How easy it is to recruit? Were those interviewed any good as a lot of industries are struggling to obtain staff.
    - What were the reasons for leaving?

    I may add what type of work, so if it's say a task orientated job then i'd probably say yes as it just gets done, if it's more long term career/team impact/longer projects then less so.

    I think the stats typically say someone who hands in their notice (even when tempted to stay with a counter offer) typically still leave within 6 months or so as they've had their head turned elsewhere.
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