It’s not unusual for employees to resign once a disciplinary process is underway, particularly if they suspect dismissal may be the outcome. They might feel it’s better to leave on their own terms than face the consequences of formal action.

But what should employers do in this situation? Can you refuse their resignation, continue the process, or must you stop altogether? Here’s our practical guide to managing this fairly and confidently.

Can you refuse a resignation?

No – once an employee has given valid notice, you can’t refuse it. The resignation takes effect as soon as it’s communicated.

The employee’s contract should set out how much notice they need to give. If it doesn’t, and they’ve worked for you for at least a month, the legal minimum is one week.

While it’s good practice to ask for written confirmation, there’s no legal requirement for a resignation to be put in writing unless the contract says otherwise.

Should you continue the disciplinary process?

This depends on how the employee resigns:

Resignation with notice:

Continue with the disciplinary process. If the allegation leads to a finding of gross misconduct, you can still dismiss the employee without notice, which overrides the resignation.

Resignation with immediate effect:

You’ll usually bring the process to an end. However, keep a full record of the steps taken and the evidence gathered in case the employee later makes a claim.

In some cases – such as in care or education settings – you might still need to reach a conclusion, particularly if safeguarding is a factor. You can invite the employee to continue to participate in the process if they wish.

If you’re unsure, our HR and Employment Law specialists can help you assess the risks and handle the matter fairly.

What about references?

Many employees choose to resign mid-process to try to secure a more favourable reference.

You’re not legally obliged to provide a reference, and if you do, it doesn’t have to be detailed – job title and employment dates will usually suffice.

If you mention any disciplinary history, make sure it’s factually accurate and fair. Never include unproven allegations or imply guilt if none was established.

Need support managing tricky disciplinary situations?

Our HR and employment law experts can help you handle disciplinary processes fairly and with confidence – whether that’s by conducting investigations and hearings for you or upskilling your managers through tailored training.

To chat through your situation and explore how we can support you, contact Vista Employer Services on 0330 053 9345.