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
Arthur Cox
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 From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement.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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
An employee has recently resigned in advance of a disciplinary hearing - can we continue with disciplinary proceedings?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
An employee is refusing to return to work due to COVID-19 concerns - what do we need to consider?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
Does the right to be accompanied apply at a meeting to discuss an occupational health report?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
How much detail of allegations are we required to give an employee in advance of an investigative meeting?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?
Posted in: First Tuesday Q&A NI on 02 March 2021
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.
Arthur Cox
Arthur Cox
The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com
View all articles by Arthur Cox