Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?
Posted in : First Tuesday Q&A NI on 3 September 2019
Johanna Cunningham
Arthur Cox
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 From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement.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
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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.
Johanna Cunningham
Arthur Cox
The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com
View all articles by Johanna Cunningham