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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 55249
Experience:  Qualified Employment Solicitor
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Have a disciplinary hearing on Monday 14 May for general

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Have a disciplinary hearing on Monday 14 May for general misconduct. However, I am going to resign from my post as I don't want the pressure of working with possible 'final written warning' afterwards. Will my resignation mean the Hearing is no longer required by the employer & I don't need to attend - or get the Disciplinary on my work file/showing up in references?
Assistant: Where are you located? It matters because laws vary by location.
Customer: London, UK
Assistant: Has anything been filed or reported?
Customer: There was a witness statement to the incident. Have had the Notice of Disciplinary Hearing letter (9th May) which I've been reviewing today.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: How does this service work - are there fees to pay?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 10 months ago.
Just under 2 years

What is your contractual notice period to resign?

Customer: replied 10 months ago.
I'm on 4 weeks notice period
Customer: replied 10 months ago.
If I give written resignation tomorrow and happy to work full notice period, is the Disciplinary Hearing on Monday still needed for general misconduct incident.
Customer: replied 10 months ago.
Are you still there?

yes but I need to write up my repsonse

Customer: replied 10 months ago.
Where is it?

well it's still being written up so if you can please wait a few minutes I will reply on here

Customer: replied 10 months ago.
Sorry, something flashed up saying there was a final response from you but couldn't see it...

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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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