Deal with the situation where an employee against whom disciplinary proceedings have been instigated resigns

Key points

  • The appropriate action for an employer to take if an employee resigns after disciplinary proceedings have been commenced against them will largely depend on whether the employee has resigned with or without notice.
  • The employer should ensure that it retains all records relating to the disciplinary proceedings for an adequate period after the employee's resignation in case this information is required in relation to a subsequent employment tribunal claim by the employee.

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