Just because your employee has resigned it does not mean that you as an employer cannot continue with disciplinary action should you need to.
The employee is still contractually employed by you until their notice period expires. If the subject matter of the disciplinary is significantly serious, you need to carefully consider how to proceed:
If the employee gives notice and you are looking to the employee to work their notice there is no issue – you can proceed with the disciplinary process.
If the employee gives notice and you are minded to provide the employee with payment in lieu of notice (PILON) there could be an issue – If a PILON is provided the employment terminates on the date stated in the PILON. Therefore, at that point there is no employment relationship as it has terminated and as such no right to proceed with a disciplinary.
If you take disciplinary action against the employee during the notice period and the outcome is summary dismissal and this before the notice period ends, the employment relationship will terminate with dismissal, and not because your employee has resigned.
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