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
Chris Fullerton
Arthur Cox NI
Issues covered: Discipline and Grievance; Resignation during disciplinary process

Fundamentally, if the employment relationship has ended, you cannot compel a former employee to attend any disciplinary hearing. You could of course choose to continue with disciplinary proceedings, but there may be little practical benefit of doing so. A potential situation where the employer may wish to continue with the disciplinary hearing may be where the findings result in referrals being made to professional bodies: in this case, the employer may wish to ensure that the employee is aware of this when inviting them to the hearing to ensure they have been given every opportunity to be involved in the process. If the employee refuses to attend the hearing, an employer could technically

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Back to Q&A's This article is correct at 13/04/2021

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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