Employment Lawyers Can Answer Your Employment Law Questions
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How long have you worked there for?
What is your contractual notice period to resign?
yes but I need to write up my repsonse
well it's still being written up so if you can please wait a few minutes I will reply on here
If you resign and work your notice period, you continue being an employee for its duration and the employer can still continue with any disciplinary action if they want. Resigning does not provide any sort of ‘immunity’ against that and it is for the employer to decide whether to continue or not. Some may drop it because you are leaving anyway and it will save them time and resources from dealing with it, whereas others will continue with it out of principle.
Your best bet is to approach the employer and to raise the possibility of you resigning in return for them dropping the disciplinary. However, as mentioned they cannot be forced to do this and it is entirely up to them whether they want to stop the disciplinary or not.
The other option is that you resign without serving any notice and that avoids the disciplinary but you would be acting in breach of contract then and that could be mentioned in a reference.
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