Can we continue with a disciplinary process if the employee leaves before the process has concluded?

Posted in : First Tuesday Q&A NI on 1 December 2020
Johanna Cunningham
Arthur Cox
Issues covered: Discipline and Grievance

You can continue with the disciplinary process after an employee has left the business. However it is worth considering whether this would have any benefit given that employment relationship has ended and the employee is under no obligation to cooperate with the process.

Furthermore, even if the disciplinary process concluded that the employee would have been dismissed, this would have little practical effect as it would not alter the original reason for the employee's employment ending.

However, you may wish to disclose the fact that a disciplinary process was ongoing in a reference if you believe that the recipient of the reference would consider this information relevant. In Bartholomew

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Back to Q&A's This article is correct at 01/12/2020
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