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
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don'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 on Disciplinary & Grievance
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.