Q&As

Can an employer continue with disciplinary proceedings even after the employee has resigned with immediate effect?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 24/01/2020

The following Employment Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • Can an employer continue with disciplinary proceedings even after the employee has resigned with immediate effect?

Can an employer continue with disciplinary proceedings even after the employee has resigned with immediate effect?

Prior to the decision of the High Court in Chhabra v West London Mental Health NH Trust, the position was always considered to be that it was an employer’s choice whether or not to pursue disciplinary proceedings. The remedy available to the employee for disciplinary proceedings that were wrongly or unfairly pursued lay after the event (ie the dismissal) with claims for unfair and wrongful dismissal and, if appropriate, for discrimination.

However, the High Court in the Chabbra case was prepared to grant an injunction preventing the NHS Trust from pursuing gross misconduct proceedings and, indeed, preventing the pursuit of any disciplinary proceedings until a freshly-constituted investigation had been conducted. This was on the basis of the High Court’s assessment that Dr Chhabra’s conduct, even if proven, was not sufficiently

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