CAN A RESIGNATION BE DATED?

Question

Can a resignation apply on a given date ? I submitted my resignation asking that it be applied in 2 weeks time. I did this as I wanted to retrieve some important E mails and files from my PC e mail account .  The Chairman refused my request citing that it must apply from the date  of submission and immediately closed my account .  Was he legally correct ?

Answer 1

Yes he is correct. Local Government Act 1972 section 84 

"A person elected to any office under this Act [F11or elected as an elected mayor]may at any time resign his office by written notice delivered—

(a)except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

(b)in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

(c)in the case of a parish or community councillor, to the chairman of the parish or community council;

(d)in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

Comments

I have no problem with the fact that the resignation is irreversible but where does it say that I cannot stipulate the date of implementation.?

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It says it in the bottom line of my answer and in the LGA 1972, s84.  The resignation takes effect from the receipt of the notice.  What you should have done is held off on written notice, told them of your intention and then submitted the notice at a later point.