Can my employer refuse to accept my resignation while I am under investigation?

Alex1978

Im confused now as gov.uk states -

An employer can’t refuse to accept someone’s resignation and they must follow certain procedures.
When a member of staff resigns you must:

get them to confirm their resignation in writing
tell them what their notice period is
agree when their last day at work will be
confirm whether they should work all or part of their notice period

Marktheshark

I would be wary of advice from people who do not know the difference between a written communication and a electronic communication.

Resignation is not the best word to use, it implies you are offering your resignation for them to accept, you should serve notice of termination of your contract of employment and do so in writing with a provable service such as recorded delivery or at very least certified post.
Speak to HR about the contract and notice periods, get the notice period, work it out write it, sign it and post it.

Or you can keep sending e-mails you can not prove they read.

Undervalued

Alex1978 wrote: »

I work in the Casino industry and have just spoken to an advisor at ACAS who have advised me they can refuse my resignation pending discaplinary action if they believe it will lead to dismissal.

Keep in mind that at the first level of ACAS you were just talking to a call centre staffed by people with limited qualifications and training. In no way is it a substitute for proper legal advice.

To repeat, with the possible exception of certain regulated professions any "refusal" of your resignation is largely meaningless. They cannot physically stop you leaving and providing you give the required notice they have no comeback.

Obviously they can go go through their procedures during your notice period but again, they can't physically force you to take any part. Your refusal may be further grounds to dismiss you but if you are leaving anyway it is a moot point!

As I said they can and probably will say that you resigned whilst under investigation for possible GM in any reference. Keep in mind most potential employers will read that as dismissed for gross misconduct.

Undervalued

Marktheshark wrote: »

I would be wary of advice from people who do not know the difference between a written communication and a electronic communication.

As I have pointed out a resignation does not even have to be written at all!

Yes, I agree it is probably far easier / better / safer to put it in a conventional letter but there is no actual legal requirement to do so.

Providing they could reasonably be expected to see and understand it you could do it by semaphore or smoke signals!

Marktheshark

Undervalued wrote: »

As I have pointed out a resignation does not even have to be written at all!

Yes, I agree it is probably far easier / better / safer to put it in a conventional letter but there is no actual legal requirement to do so.

Providing they could reasonably be expected to see and understand it you could do it by semaphore or smoke signals!

Then lets agree he should put it in writing with proof of postage and move on.
If it were to end up in a civil case for breech of contract, to be able to prove correct notice was received as in someone signed for it is a far better position for someone's defence than to say I sent an E-mail the the other side say it never arrived.

Silk

Marktheshark wrote: »

I would be wary of advice from people who do not know the difference between a written communication and a electronic communication.

Or you can keep sending e-mails you can not prove they read.

Providing contractual information is sent by durable medium there is no problem.
Using emails is accepted under BIS guidance and so would not be a problem to send resignation by email


paper or email, or any other medium that - (a) allows information to be addressed personally to the recipient, (b) enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and (c) allows the unchanged reproduction of the information stored".

tomtontom

Alex1978 wrote: »

I work in the Casino industry and have just spoken to an advisor at ACAS who have advised me they can refuse my resignation pending discaplinary action if they believe it will lead to dismissal.

ACAS = chocolate teapot

There is nothing to stop the employer expediting the disciplinary process and dismissing you during your notice period.

Have you done something that amounts to gross misconduct? Are you certain you will be dismissed?

tomtontom

Marktheshark wrote: »

Then lets agree he should put it in writing with proof of postage and move on.
If it were to end up in a civil case for breech of contract, to be able to prove correct notice was received as in someone signed for it is a far better position for someone's defence than to say I sent an E-mail the the other side say it never arrived.

The employer has replied to the OP's messages - they would look rather foolish to then claim they never received them!

Undervalued

Marktheshark wrote: »

Then lets agree he should put it in writing with proof of postage and move on.
If it were to end up in a civil case for breech of contract, to be able to prove correct notice was received as in someone signed for it is a far better position for someone's defence than to say I sent an E-mail the the other side say it never arrived.

As I said, yes it is clearly easier, safer and in some situations less open to dispute.

Ultimately if it came to a civil court it would be decided on the balance of probabilities which is vastly less that the criminal concept of proof.

The normal presumption in the UK is that post is delivered so having "proof" of posting is generally a good idea. Ultimately that (or indeed recorded or special delivery) doesn't actually prove WHAT you have sent. It could have been an empty envelope. So, in some ways and on some systems emails can actually be more definitive!

Getting back to the matter in hand, I would send a letter confirming the issue of notice and that the OP intends to leave on a certain date. Finally, remenber that notice technically begins the day AFTER it is issued.

Alex1978

tomtontom wrote: »

ACAS = chocolate teapot

There is nothing to stop the employer expediting the disciplinary process and dismissing you during your notice period.

Have you done something that amounts to gross misconduct? Are you certain you will be dismissed?

Unfortunately I have and I am sure I will be dismissed. The stress this is causing me is immense and I am awaiting an appointment to see my GP. I know I have done wrong but I currently feel trapped in all the red tape.