How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6535
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
12609314
Type Your Law Question Here...
Michael Holly is online now

If a police officer resigns to avoid either an investigation

Customer Question

If a police officer resigns to avoid either an investigation or potential misconduct, has the police authority the right or even the duty not to accept, or to defer a decision into, that resignation letter?
This is not a direct reference to Hillsborough but a general request for clarification on the law in personnel matters, brought about by the common practice of police officers to avoid any potential disciplinary action by simply offering to resign and management accepting the resignation.
If this is complex please refer me to any website which offers clarification.
Thank you
Submitted: 7 months ago.
Category: Law
Expert:  Michael Holly replied 7 months ago.
Resignation or the offer to resign does not automatically end any current investigation regarding an employee.Generally speaking it commonly does, the employee does not want a stain on the record and offers to resign provided the employer does not refer to the little spot of recent trouble.The employer, presumably, does something else to earn money and would like to do that instead of having staff tied up in doing statements about this bloke's dismissal. Again they are, for their own reasons, willing to agree that provided the employee bugger off they will drop it.However, the employer does not have to and many do not. They tell the employee the misconduct investigation will be completed and that it will be placed on record. Any future request for a reference will be affected by the result of the completed procedure.I hope this helpsBest wishesMichael
Customer: replied 7 months ago.
Thank you for that general comment, Michael, and I understand what may be in the interests of the employer and the employee, but I am not yet clear on the duty of the employer in law.Surely where there is a (probably documented) outstanding issue/investigation into the possible gross misconduct of the employee - a firing offence, if proved, with all the changed implications (including civil arrest) - then there is a duty to refuse to accept a resignation letter . . . ?In this, I assume that in any personnel contract of employment there are terms and conditions for both employer and employee. Therefore an employer may not be complying with the contract of employment if they do not execute their duty in law. If they do accede to a resignation letter, in full knowledge of other pending investigations into conduct, with possible criminal proceedings to follow as a direct result, then surely they put themselves deliberately in the sort of situation where this could be likened to deliberately leaving the scene of an accident . . . . ? Not an exact parallel but for consideration . . . !For any police officer, surely it is therefore wrong in law for a police authority to even permit their management to accept a resignation letter when any potential investigation into that officer's conduct is outstanding?It follows that if there is no standing written direction to officers to follow such a formal process when a resignation is offered, then the police force as a whole are (permanently) negligent in not having this standing order in writing, surely?If I am wrong then please give me chapter and verse on principles of personnel law (in which I am not an expert!). But if I am right, then it follows that the detail of the contract of employment for the police force as a whole is not as it should be, and any modification to police procedure currently proposed by the Home Secretary is another, potentially illegal, and probably deliberate, diversion.Paul Andersson
Expert:  Michael Holly replied 7 months ago.
Dear *****.The law cannot prevent an employee from leaving and , as such, there is no duty to refuse a resignation letter. However, the fact that the employer does accept such a letter does not mean that the investigation into the misconduct automatically ends and that the consequences end there.The investigation can continue after the departure of the employee and if the conduct is deemed to be gross misconduct can go on the employee's employment record affecting references and future job prospects.In addition, if the conduct is criminal conduct the former employee can be prosecuted.Where the investigation into the misconduct continues after departure the former employee is treated as an employee for the purposes of the investigation , asked for a statement, provided with documentation etc.Best regardsMichael

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice