Is Saying "I'm Done" Enough to Quit?

Resignation can be given orally or—even in some cases—by conduct, unless an employment contract explicitly requires written notice. When a resignation is clear and unambiguous, an employer is not obliged to double-check the employee’s intentions. However, if a resignation is ambiguous and the employer treats the employment as having ended, there can be serious consequences, including claims of unfair or wrongful termination.

Case Study: Cope v Razzle Dazzle Costumes Limited

In the tribunal decision Cope v Razzle Dazzle Costumes Limited, the claimant was a factory worker in a small, family-run business. After falling out with a colleague who subsequently resigned and alleged bullying, the claimant requested a meeting with her employers, Mr and Mrs Porter. She warned she would resign if the issue wasn’t resolved properly.

The next day, after two unsuccessful attempts to speak with Mrs Porter, the claimant said, “I’m done,” left her factory keys on the counter and exited the building. The colleague reported to the Porters that the claimant had resigned. No attempt was made to clarify her intentions, despite a text from the claimant later that day explaining her inability to stay at work.

The following day, the claimant submitted a two-week sick note and, a week later, requested a meeting with the Porters. At that meeting, they informed her they considered her to have resigned and refused to allow her return. By then, they had re-employed the colleague who made the bullying allegations.

Tribunal’s Findings

The tribunal found in the claimant’s favour on both unfair dismissal and wrongful dismissal. Key reasons included:

• No reasonable employer would have concluded there was an unambiguous resignation based on the claimant’s words and conduct.
• Submission of a sick note demonstrated that the claimant did not intend to terminate employment.
• Evidence showed the claimant handed in keys before when on holiday and was in a highly anxious state when she walked out.
• The employer’s choice to treat the remark “I’m done” as a resignation was driven by a desire to avoid handling the bullying dispute.

The award of nearly £7,500 in compensation, plus legal fees and management time, likely changed the Porters’ perspective on handling ambiguous resignations.

Practical Advice for Employers

If in doubt, check it out. Employers should:

• Ask the employee to confirm their intentions if a resignation seems ambiguous.
• Consider offering a brief period for the employee to cool off and reconsider.
• Request written notice if the contract requires it.
• Document all communications to avoid disputes and potential Employment Tribunal claims.

By taking these steps, employers can reduce the risk of costly disputes and ensure that any resignation is handled lawfully and fairly.