An employee’s notice of resignation is effective immediately after it is given to their employer. From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement.

Whether or not an employer should continue a disciplinary procedure will depend on the circumstances of the employee’s resignation, i.e. whether the employee has resigned with notice or with immediate effect.

If an employee gives notice of their resignation, an employer can continue disciplinary proceedings. It may be the case that an employee has committed an act of minor misconduct which only results in a warning, meaning that there will be no repercussions for the individual. However, if the disciplinary process determines that an employee has committed an act of gross misconduct, they may be summarily dismissed (i.e. dismissed without notice). This will supersede an employee’s resignation and the reason for the termination of the employment relationship will be deemed as dismissal for gross misconduct rather than resignation.

Alternatively, if an employee resigns with immediate effect, an employer is unlikely, in most circumstances, to need to continue the process.

An employer should retain notes of any disciplinary procedure followed. This will help defend against any subsequent claims made to an employment tribunal by evidencing the steps taken and demonstrating that fair and proper procedure was followed.