Model letters on heat of the moment resignations and dismissals

The XpertHR policies and documents service provides new model letters to employees who have resigned or been dismissed in the heat of the moment. 

• Letter to an employee who has resigned in the heat of the moment Use this model letter to send to an employee who has resigned in the heat of the moment to confirm his or her true intentions. 
• Letter to an employee who has been dismissed in the heat of the moment Use this model letter to clarify the situation with an employee who has been dismissed in the heat of the moment. 

Also

How to deal with a heat of the moment resignation and How to deal with situations where it is unclear whether a dismissal or resignation has taken place Entries from the XpertHR "How to" service provide guidance on dealing with heat of the moment resignations and situations where it is unclear whether a dismissal or resignation has taken place. 

Employees who stormed out in the heat of an argument were dismissed and did not resign and Employee’s angry words after unequivocal dismissal did not mean she resigned The XpertHR tribunal reporting service looks at cases involving employees' sudden departures. 

Case law Appeal cases that have dealt with heat of the moment resignations or dismissals include:

• Ali v Birmingham City Council EAT/0313/08;
• Kwik-Fit (GB) Ltd v Lineham [1992] IRLR 156 EAT;
• J & J Stern v Simpson [1983] IRLR 52 EAT;
• Willoughby v CF Capital plc EAT/0503/09; and
• Martin v Yeomen Aggregates Ltd [1983] IRLR 49 EAT.