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Reinstatement following a resignation

I wonder if you could help with some clarification please.

An administrator within one of our schools resigned. The post has been advertised for fewer hours and on a fixed term basis, which closed earlier this week. There were two applicants. The leaving employee now regrets her decision to leave and wants to return.

The Headteacher for the two schools she covers would be very happy for her to return. Can we withdraw the vacancy and reinstate her as simply as that? Also would it be for negotiation as to whether we honour continuous service and her orginal terms or could we insist it must be as if it were on the new suggested contract.

Many thanks,

Ann

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  • You can just reappoint.

    You do not say whether there has been a break in service and for how long. If more than 2 weeks you can offer continuity for contractual purposes only. You cannot create continuity for legal purposes eg redundancy would be based on service from now not when she first started.

    If you really want shorter hours then you have to have a serious discussion with her about whether she wants the reduced hours and take it from there. As for the FTC it depends how good your reasons for doing so were and I can only guess.
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  • In reply to Peter Stanway:

    Thank you very much. The situation has resolved itself, but I really appreciate the information should it arise again.