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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, Can you please let me know what would happen in this scenario: A

Resolved Question:

Hi,
Can you please let me know what would happen in this scenario:
A person gave, and it was accepted via email by the line manager, their resignation 3 weeks ago.
Shortly after this was done, the person got suspended and still is.
The original notice period now comes to an end this week - This Friday being the last day.
The disciplinary meeting is not expected to happen until this Thursday. (no notice has been yet given.)
What would happen if the person did not turn up on Thursday or Friday, due to a stomach bug, or "feeling to stressed" ?
Could they extend the notice period out?
Thanks
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. What is likely to happen at the disciplinary, are you looking at potential dismissal?
Customer:

Hello, yes, more than likely

Ben Jones :

You cannot extend the employee's notice period without their consent. Once the notice period expires that would be the end of their employment, whether there is an outstanding disciplinary matter in progress or not. The timings are unfortunate but you cannot extend the notice period just to allow you to discipline them. So you would either have to accept that by the time the disciplinary could be held they will no loner be employed by the company, or if there is evidence that their reasons for absence are not genuine, you could consider holding the disciplinary in their absence, although be careful because you need some clear evidence that this is the case to do so

Customer:

ok thank you again for your help!

Ben Jones :

no problem, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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