Without prejudice resignation

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corms76

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22 February 2022
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Hi All,

My partner has been given a without prejudice resignation offer after a series of performance reviews. However she has been given only one day to respond to the letter and key points agreed to during the meeting have been omitted from the offer. Everything I have read suggests she be given "reasonable time" to consider the offer before replying, is this the case or can the employer just proceed? Also, what can be done regarding the omitted items originally agreed to?

Many Thanks
 

Tim W

Lawyer
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28 April 2014
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What's the dollar number to accompany the immediate resignation?
And is it enough to walk immediately?
Does she even want to stay?
 

corms76

Member
22 February 2022
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It's around three months salary, however the items agreed to consist of the ability to get decent references for future employment.
It's not a question of wanting to stay, she will leave the job, however the time frame seems unreasonable to iron out these issues. So my question is legally, once they have submitted the offer can they only give one day for her to accept it and then withdraw?
 

Tim W

Lawyer
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28 April 2014
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She (not you) will need case specific advice.
However, if it's unreasonably short, then she should reply immediately and say so.
 

Rod

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27 May 2014
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my question is legally, once they have submitted the offer can they only give one day for her to accept it and then withdraw?

Yes, and offers can be withdrawn anytime before acceptance.