How should you handle a resignation during a disciplinary?

Employees resigning shortly before or during a disciplinary process is not unusual.

However, an employee’s resignation does not always bring disciplinary proceedings to an end.

Employers should weigh up the situation and any potential risks before accepting the resignation.

If the resignation is with immediate effect, they are no longer an employee; therefore, you don’t have the same level of control.

In these situations, it may be appropriate to accept the resignation and draw a line under the process.

However, employers should consider the nature of the allegations and whether it is appropriate to proceed in the employee’s absence, especially if the allegations are serious, illegal, or the industry is a regulated one such as education, childcare or healthcare.

Continuing with the process in the employee’s absence allows a formal conclusion and ensures that a record is made of the outcome.

This will allow any further reporting to be concluded, for example, a safeguarding referral.

Although an employee who resigns after misconduct allegations can’t then claim unfair dismissal, there is the potential for claims of constructive dismissal or even discrimination.

Therefore, employers must continue to act reasonably, follow a fair process and keep necessary records, even where an individual chooses to resign before matters have concluded.

Handling a resignation like this correctly reduces the risk of a constructive dismissal or discrimination claim. Contact Solutions for HR before it becomes one.