Should you accept a resignation prior to disciplinary hearing?

A chief constable from Staffordshire resigned from his role just hours before a scheduled two-day misconduct hearing after being suspended over alleged breaches of police professional behaviour standards. Despite his resignation, the hearing proceeded in his absence because policing is a regulated profession with specific rules governing misconduct investigations. An independent panel concluded that he had committed gross misconduct and stated that, had he still been employed, he would have been dismissed without notice.

Following the decision, Staffordshire Police acknowledged the panel’s findings but confirmed that it had no involvement in the independent hearing. It was emphasised that allegations of misconduct must be investigated thoroughly and independently to maintain public confidence in policing and announced plans to provide stable leadership for the force.

The article explains that while policing has unique regulatory requirements, similar situations arise frequently in other sectors. It was noted that it is common for employees facing likely dismissal to resign before disciplinary proceedings conclude. In many cases, employers accept the resignation with immediate effect and discontinue the disciplinary process because the individual is no longer an employee and the organisation has limited authority over them.

However, employers are not always obliged to end disciplinary proceedings following a resignation. Some employers may decide to continue an investigation or hearing in the employee’s absence, particularly where allegations are serious. Doing so allows employers to reach a formal conclusion, maintain a clear record of findings, and demonstrate that concerns were properly investigated.

The particular topic stresses that this approach is particularly important in regulated sectors such as policing, education and health and social care, where employers may have legal or professional obligations to report misconduct to regulators or safeguarding authorities.

Even in non-regulated industries, employers remain responsible for reporting criminal behaviour or safeguarding concerns where appropriate. Maintaining accurate records and following established procedures helps demonstrate that the employer acted responsibly and fulfilled its legal obligations.

Should you have any questions on this subject or are dealing with a similar situation, contact one of our CIPD qualified Consultants on 0800 9995 121 to discuss further.

Should you accept a resignation prior to disciplinary hearing?

121 HR Solutions Ltd