Latest in Employment Law>Articles>Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?
Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?
Published on: 03/09/2019
Issues Covered: Discipline
Article Authors The main content of this article was provided by the following authors.
Johanna Cunningham
Johanna Cunningham

Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?

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 From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement.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.  

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/09/2019