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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47594
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a friend who is currently going through a legal dispute

Resolved Question:

I have a friend who is currently going through a legal dispute with their employer - they are currently suspended, and has been for the past 3 weeks.
He does not really know what is going on, and has found a new job, and has tried to resign, but they say they will not accept this until their investigation is complete.
Are they allowed not to accept this resignation?
Is there anything legally they can do to him for not turning up to any disciplinary meetings?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has he worked there for?
Customer:

Hi, he has been working for 14 months I think

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

It is not possible for an employer to refuse to accept an employee’s resignation. This is a myth. Once an employee formally submits their notice, the notice period starts to run whether the employer likes it or not and their employment would automatically terminate once that notice period expires.

If the employee is still employed by them when the disciplinary hearings are due to take place and they fail to turn up, then that could in itself be a misconduct issue and the simple fact that he has not turned up could result in his dismissal. So what could happen is that he is dismissed for gross misconduct whilst he is still serving his resignation notice and then the formal reason for termination would be dismissal, not resignation. But that is the worst that could happen really, there is little else that the employer could do in the circumstances and I suppose the only other thing is that his actions could be documented in a reference, should he choose to use this employer for a reference in the future.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Thanks Ben - and apoliges for the late reply!

Customer:

This is perfect - all the info I need

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