If you are facing disciplinary action you may look to resign before you are subject to any disciplinary sanction such as a written warning or, worse, dismissal. However, your employer can try to continue with disciplinary proceedings, even after you have resigned and your employment has ended.
Why Might My Employer Continue with Disciplinary Action?
There may not actually be any practical benefit in your employer continuing with disciplinary proceedings. If you’ve already left, a finding at a disciplinary hearing that you would have been dismissed will not change the original reason for the termination of your employment. However, your employer may be required to give a report to a professional or regulatory body, depending on the type of work you did and will choose to proceed with a disciplinary hearing to assist with that process. If there is a need for your employer to report any matter to a professional or regulatory body, you should be notified when you are invited to attend the disciplinary hearing.
Once your employment relationship has ended though, your former employer cannot compel you to attend any disciplinary hearing. There is no longer any obligation on you to obey your former employer’s instructions or to compel your attendance at any hearing or meeting. However if you refuse to attend the hearing, your employer could still proceed in your absence. You have also then lost an opportunity to put forward a response or defence to the disciplinary allegations, although you could still submit a written response.
Could Disciplinary Action By My Former Employer Affect My Future Employment?
As stated above, your employer might be obliged to make an external report to a professional or regulatory body depending upon the nature of the allegations. That external body may carry out its own investigations and impose its own sanctions which impact upon your ability to work elsewhere.
Disciplinary proceedings that were pending or incomplete when your employment terminated could also be referred to by your employer when it responds to any request for a reference. Your employer has to take reasonable care to ensure that a reference contains information that is true, accurate and fair. Some employers might only disclose disciplinary matters where there has been a definite finding of misconduct. However, some employers might consider it relevant to disclose disciplinary records, including those matters pending or incomplete.
Should I Resign If I Am Facing Disciplinary Action?
Resigning because you are facing disciplinary action is not always the best course of action, particularly as disciplinary proceedings can continue once you have resigned and your employment has ended. There are a number of factors to consider but there may be steps that you can take to put yourself in a better position. For more information please see https://lincslaw.co.uk/blog/facing-disciplinary-action-should-you-resign/
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Disciplinary Action disciplinary action after employment relationship ended kathryn bolton Kathryn Bolton Employment Solicitor lincs law employment solicitors resigning in response to disciplinary allegations Specialist Employment Law Solicitor