Employees sometimes choose to resign partway through a disciplinary process – often to avoid potential dismissal and protect their professional reputation. But what does this mean for employers, and what steps should you take to manage the situation appropriately?

Below, our Employment Law specialists explain your options, the legal implications, and how to approach this scenario in a fair and compliant way.

Can I refuse an employee’s resignation?

It’s a common misconception that an employer can choose to reject an employee’s resignation. In reality, once valid notice has been given, the resignation stands – whether you want to accept it or not.

The notice period should be set out in the employee’s contract of employment. If it isn’t, and the employee has worked for you for at least one month, they are legally required to provide a minimum of one week’s notice.

Once resignation has been given, it cannot usually be withdrawn without both parties agreeing to it. You can ask for written confirmation if you wish, but unless the contract requires it, there’s no legal obligation for the employee to resign in writing.

Should we continue with the disciplinary process?

Your next steps will depend on whether the employee has resigned with notice or with immediate effect.

If the employee resigns with notice:

You should continue the disciplinary process. It may be that the matter only warrants a warning, but if the allegation amounts to gross misconduct (e.g. theft, violence, or serious insubordination), you can still proceed to a hearing and, if appropriate, summarily dismiss them. In that case, the dismissal for gross misconduct would override their resignation.

If the employee resigns with immediate effect:

You’re unlikely to need to continue the disciplinary process unless there’s a safeguarding concern or other sector-specific requirement. However, always keep detailed records of the process to evidence fairness should any claim arise later.

If your managers feel uneasy about handling investigations or hearings, our HR Consultancy colleagues at WorkNest can step in to conduct them on your behalf or train your team to manage these confidently in future.

Do we have to provide a reference?

Many employees resign mid-process in the hope of securing a better reference. However, you’re under no legal obligation to provide one unless you’ve agreed to do so (for example, contractually or as part of a settlement).

If you do decide to give a reference, it can be brief – usually limited to job title and dates of employment.

You can include details about disciplinary matters provided that the information is accurate, fair, and not misleading. For example, if an employee was investigated but cleared of wrongdoing, this should be made clear.