Q&A - resignation after disciplinary hearing

Q. Where do we stand if an employee resigns immediately after a disciplinary hearing but prior to any decision being made?

A. If the employee has resigned with notice, i.e. they intend to work out their notice period, their resignation doesn’t really change anything - you should carry on with the disciplinary proceedings as normal and reach a conclusion, even if that involves their dismissal (which will supersede a resignation). Where the employee has resigned with immediate effect you may still continue with the disciplinary proceedings but it’s important to note that any disciplinary sanction imposed following an immediate resignation, such as dismissal, will be meaningless in practical terms. What’s more, just as if they had remained employed by you, you would still have to offer the (now former) employee a right of appeal. Therefore, in situations involving immediate resignations, it may be best to let things lie - particularly if the employee has actually done you a favour by resigning.