If an employee resigns after commencement of disciplinary proceedings should the employer continue the disciplinary procedure?
If the employee resigns after commencement of disciplinary proceedings and does so with immediate effect, their employment will terminate. There is therefore little point in continuing a disciplinary procedure in respect of an employee who is no longer employed, as no disciplinary sanction can be imposed against a former employee. However, the disciplinary information collated should still be retained for a period of up to one year after the employee’s resignation because it may be needed as evidence should the employee subsequently try to claim constructive dismissal or unlawful discrimination in relation to the conduct of the disciplinary proceedings.
If the employee resigns after commencement of disciplinary proceedings but provides their contractual notice period, as a general rule the disciplinary procedure should be progressed to its conclusion during the employee’s notice period. The employee is still employed during this period and there is no reason why they should avoid a possible disciplinary sanction just because they have chosen to resign. If the disciplinary procedure concludes with a recommendation for the employee’s summary dismissal on the grounds of gross misconduct, if this is effected during the employee’s notice period it will supersede the resignation and the employee will be deemed to have been dismissed for conduct reasons.
HR Toolkit: discipline and appeal hearings
My HR toolkit: discipline and appeal hearings provides an essential toolkit with practical guidance, meeting scripts and template letters to enable you to manage disciplinary and appeal hearings within your business fairly and consistently.
I like breaking down processes into simple easy to follow steps and my easy to follow flow charts, meeting scripts, checklists and template letters ensure everything is done properly, efficiently and compliantly in a professional, friendly and knowledgeable way.
When you purchase the HR Toolkit: discipline and appeal hearings you will receive access to:
- Policy – a clearly written and communicated policy is your best defense against tribunal claims.
- Flowcharts – provide step-by-step guidance to key aspects of the disciplinary and appeal process.
- Forms and Letters – are templates with clear prompts were text should be added.
- Meeting Checklists – provide a reminder of the essential points to be covered in the particular situation.
The HR Toolkit: discipline and appeal hearings provides a model disciplinary policy and a comprehensive range of template letters and meeting checklists for the investigation, suspension, formal meeting and appeal stages of the process. There are also a range of How to Guides that deal with unusual situations such as what to do when an employee goes off sick during a disciplinary process and what to do when an employee fails to attend a disciplinary meeting.
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