Is a company allowed to do disciplinary even if you handed in resignation?

You also need to consider that even if you do resign, your employer could continue the disciplinary process during your notice period, and ultimately still dismiss you for gross misconduct.

Can an employer sue an employee after resignation?

The short answer is yes, and these are the most common reasons an employer can sue an employee successfully. While it is more difficult for an employer to sue an employee than vice versa, there are many valid legal reasons that an employer may bring a cause of action against an employee (or ex-employee) and win.

Do I need to attend disciplinary meeting even after resignation?

resignation and discontinue the disciplinary process. This will be an end of the matter. However, if the alleged conduct is serious, you may feel that it is appropriate to conclude your investigations and possibly hold a full disciplinary hearing, which the employee must be invited to attend even if they choose not to.

Can you be dismissed after resignation?

Forced resignation If you feel you have been forced to resign then you may be able to claim constructive unfair dismissal. Not being paid, being demoted without reason, being discriminated against or being forced to work in dangerous conditions may all be grounds for constructive dismissal. Read more about dismissal.

What defines gross misconduct?

There is no strict legal definition of gross misconduct. But the Government defines gross misconduct as “theft, physical violence, gross negligence, or serious insubordination”. But it can also refer to staff behaviour that destroys the relationship between you and the employee.

Can you be fired at a disciplinary hearing?

Normally, you will be given a number of disciplinary warnings and have the chance to improve your performance or conduct. You could be dismissed straight away in cases of ‘gross misconduct’ such as theft or fighting.

What is the difference between resignation and dismissal?

If you terminate an employee’s employment, with or without notice, this amounts to dismissal, in principle giving the employee a right to claim that he was unfairly dismissed or wrongfully dismissed. If the termination is genuinely at the instance of the employee, it is resignation.

What happens if an employee is dismissed for gross misconduct?

If the disciplinary procedure concludes during the notice period with a recommendation for the employee’s summary dismissal on the grounds of gross misconduct, this will supersede the resignation and the employee will be deemed to have been dismissed for conduct reasons.

When to resign during an investigation into Misconduct?

This is especially so if compelling and damaging evidence is obtained during the investigation process. Most employees may wait until they have a sense of the evidence collected by the employer during the investigation, whilst others may resign at the sight of first steps taken towards an investigation into their alleged misconduct.

What happens if an employee commits misconduct during their notice period?

Therefore, if an employee commits misconduct during this period (or the employer becomes aware of misconduct), it can still discipline the employee. If after disciplinary action has been taken against the employee and he is summarily dismissed before his notice period ends, the employment relationship will terminate.

Can an employee be disciplined for external misconduct when they leave?

It is advisable that the employer state in the disciplinary code that employees can be disciplined for external misconduct. The employer should inform employees that they are free to do as they please when they leave work, but that they must not act in a way that will negatively affect their job or the employer (company).