Hi,
Can you advise on this please?
We have an employee who is due to attend a disciplinary tomorrow due to a breach of data and capability performance issues. They resigned today, giving 4 weeks notice.
I intend to continue with the disciplinary however my question is. Giving that the intention was to dismiss the employee, giving one weeks notice as per the employers contractual terms, can this still be done despite the resignation?
Does the resignation affect the decision to dismiss an employee?
The manager doesn’t want to keep the employee for another four weeks due to the reoccurring mistakes. However we can’t afford to pay the employee in lieu either.
Employee has been employed for 9 months.
Hope you can help with this.
Laura
Of course you don’t mean the intention was to dismiss with one weeks notice you meant following a fair and impartial hearing one of the possible outcomes was dismissal with the contractual one weeks notice .
As they didn’t resign with immediate effect there is nothing legally stopping you carrying on with your process. The challenge will be getting them to take part so you may have to postpone and notify you will carry on in their absence.
Alternatively ( in theory) and assuming it’s just one weeks contractual notice then you could just go ahead and dismiss. There is a risk but it’s not huge.
As to if it’s all worth it at the moment then that’s a decision for you.
If there are no protected characteristics involved then if you think it’s worth it go ahead with your investigation, hearing, consideration and take your decision - potentially to dismiss.
