Latest in Employment Law>Articles>Where an Employee Resigns Before Disciplinary Proceedings Have Finished, Are They Entitled to Receive a Copy of the Disciplinary Outcome?
Where an Employee Resigns Before Disciplinary Proceedings Have Finished, Are They Entitled to Receive a Copy of the Disciplinary Outcome?
Published on: 02/11/2021
Issues Covered: Discipline
Article Authors The main content of this article was provided by the following authors.
Chris Fullerton
Chris Fullerton

Where an Employee Resigns Before Disciplinary Proceedings Have Finished, Are They Entitled to Receive a Copy of the Outcome?

The LRA Code of Practice should be the starting point for employers when dealing with disciplinary and grievance situations. The Code itself is silent as to whether it applies after termination of employment. An employer’s failure to follow the Code does not, in itself, result in liability. However, tribunals will take the Code into account when considering relevant cases.

It is possible to argue that the Code does not apply post-termination on the basis that it sets out principles for handling disciplinary and grievance situations in the workplace with a view to resolving those situations so that the employment relationship may continue. Nevertheless, the definitions of ‘employee’ and of ‘employer’ could potentially encompass former, as well as current employees.

The Code states that employers should, “After the meeting decide whether or not disciplinary or any other action is justified and inform the employee accordingly in writing”. Unless there are any particular reasons for withholding the outcome, employers might consider issuing the same in the interests of openness and transparency.

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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 02/11/2021