What happens if I hand my notice in before a disciplinary hearing?

Asked by: Mr. Chris O'Hara Jr.  |  Last update: June 19, 2026
Score: 4.8/5 (16 votes)

Handing in your notice before a disciplinary hearing allows you to leave voluntarily, which may prevent a formal dismissal from appearing on your record. However, the investigation can continue, and your employer may still find you guilty of misconduct, potentially stating you "resigned while under investigation" in references.

Can you get a disciplinary after handing in notice?

If you are facing disciplinary action you may look to resign before you are subject to any disciplinary sanction such as a written warning or, worse, dismissal. However, your employer can try to continue with disciplinary proceedings, even after you have resigned and your employment has ended.

Is it best to resign before a disciplinary hearing?

Can I resign before or during a disciplinary process? Yes, you can. In fact, it is not uncommon to consider resigning when you are facing disciplinary allegations, but this is a very tactical situation and one that ideally you should take legal advice on before you make any decision.

How many days notice before disciplinary hearing?

To start the process of the disciplinary enquiry, a notice of enquiry is given to the employee, this is to notify you that you are to attend a disciplinary hearing. Five days' notice must be given to the employee before the hearing.

Is it better to resign or be dismissed for gross misconduct?

In some circumstances, particularly if you are aware that you have committed some serious misconduct and it is likely your employment will terminate, there may be advantages to resigning before there is a dismissal on your record. However, resignation should be considered as the very last resort.

The do’s and don’ts of handing in your notice | Career Hacks

43 related questions found

What is revenge resignation?

Revenge quitting refers to employees resigning in a way that sends a clear message. Instead of leaving quietly, individuals may time their exit during critical periods, withdraw commitment without warning, or make dissatisfaction known internally or publicly.

What are 5 examples of serious misconduct?

Here are 7 examples classed as workplace misconduct

  • Theft. This may sound obvious, but theft isn't limited to financial fraud like embezzlement or money laundering. ...
  • Sexual harassment. ...
  • Abuse of power. ...
  • Falsifying documentation. ...
  • Health and safety breaches. ...
  • Damage to goods or property. ...
  • Drug and/or alcohol use.

Can you refuse to go to a disciplinary hearing?

If you're unable to attend on the day for an unforeseen reason, for example, transport problems, you should let your employer know as soon as possible. If you fail to attend the meeting and don't have a reasonable excuse for not attending, the meeting may go ahead without you and you will not be able to put your case.

Do you pay notice pay on dismissal?

Notice pay depends on whether the employee is required to work their notice period. If the employer terminates employment with immediate effect and does not allow the employee to work their notice, the employer must pay the full notice period as if it had been worked.

What are 5 reasons for termination?

Most common reasons for employee termination

  • Incompetence. Usually, firing an employee for incompetence, which is also called poor performance, happens after a series of warnings and interventions. ...
  • Insubordination. ...
  • Attendance. ...
  • Theft. ...
  • Sharing confidential information. ...
  • Sexual harassment. ...
  • Violence. ...
  • Threats.

Can HR reject a resignation letter?

Employer can't reject the resignation. If the employment letter stated that notice of resignation is 1 month, employer must accept the resignation letter. Regarding your pending task, start looking for new candidate to take over the task.

What happens if I quit while under investigation?

If you're in a disciplinary process

If you resign while you're in the middle of a disciplinary procedure or being investigated for misconduct, your employer could mention this on any reference they give you. This could make it harder for you to find a new job.

How to beat a disciplinary hearing?

You might be able to provide evidence that will help clear things up - for example a doctor's note. Make sure you keep a note of the conversation and what was agreed. It might not be possible for your employer to sort out their concerns informally and they might start formal disciplinary procedures.

What to do if someone resigns before a disciplinary hearing?

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.

What are the 5 possible outcomes of a disciplinary hearing?

Disciplinary hearings can result in various outcomes including:

  • No action (charges not proven)
  • Verbal or written counselling.
  • Written warnings.
  • Final written warnings.
  • Suspension without pay.
  • Demotion.
  • Transfer.
  • Additional training.

Can I just walk out and quit?

Walking out on the job is often interpreted as resignation, but it depends on the context. For example, if you verbally communicate your intent to leave, it can be seen as quitting, while a quiet departure may not be as clear. Walking off the job without notice can have costly consequences.

What happens if you give 24 hours notice?

24 Hours Notice

This is a costly exercise and employers will have to weigh up the damages that they suffered against the cost of pursuing this matter in court. Unfortunately it is also not possible to withhold the final salary or accumulated annual leave of such an employee unless it was agreed to.

What are the 5 just causes in terminating an employee?

The following are just causes for termination:

  • Serious misconduct or willful disobedience;
  • Gross and habitual neglect of duties;
  • Fraud or willful breach of trust;
  • Commission of a crime or offense by the employee against his/her employer, the employer's immediate family or his/her duly authorized representatives; and.

What am I entitled to if I get fired?

all outstanding wages, including overtime pay and general holiday pay owed. vacation pay. pay in lieu of notice of termination, if written notice period was not provided, and. severance pay if they had more than 12 months of continuous service.

What are signs you're not valued at work?

1 – Being Below Average. The first mistake is being below average or worse at the job you do. Doing an average or better job, especially after 6 months in role, is vital to being valued at work by bosses and team members. Below average means you are making their lives harder.

How much notice do you need before a disciplinary hearing?

Depending on how complex the investigation was and how much information there is for you to consider, normally five working days' notice for a disciplinary hearing is sufficient. You should also arrange for a note-taker to support you at the disciplinary hearing.

What are signs you might get fired?

Here are things any employee should look for, to see whether they are being set up to be terminated:

  • Your boss starts expressing unhappiness with you. ...
  • You get written up. ...
  • The write ups escalate. ...
  • You get excluded. ...
  • You get demoted. ...
  • Meetings are canceled. ...
  • You get set up for failure. ...
  • It all works together.

What scares HR the most?

Discrimination & Harassment Issues

HR's goal is to provide every employee with a safe and healthy work environment. When faced with employee misconduct issues such as workplace discrimination or harassment, even the most sensible HR practitioner can feel vulnerable or uncertain.

What are red flag words for HR?

10 Words That Worry HR

  • Discrimination. As you might know, discrimination worries HR teams, juniors and seniors alike. ...
  • Harassment. Harassment complaints create concern because they indicate employees might feel unsafe or disrespected at work. ...
  • Termination. ...
  • Overtime. ...
  • Resignation. ...
  • Burnout. ...
  • Investigation. ...
  • Non-Compliance.

What is proof of misconduct?

Physical evidence often includes photographs, video recordings, audio recordings, and other tangible things. Example: This could include a photograph that shows damage to government property or a video recording of a physical altercation between employees.