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

Reggie_Rebel

Even if the employer accepts the resignation would they still be within their rights to continue the investigation and bring any criminal charges as a result of that?

tomtontom

Reggie_Rebel wrote: »

Even if the employer accepts the resignation would they still be within their rights to continue the investigation and bring any criminal charges as a result of that?

Yes, they could continue the investigation. They can also report the issue to the police (and/ or the relevant regulatory body) who may bring charges.

Silk

Reggie_Rebel wrote: »

Even if the employer accepts the resignation would they still be within their rights to continue the investigation and bring any criminal charges as a result of that?

As explained above there is no requirement for a resignation to be accepted.
If an employee has served the notice of resignation, any discipline / dismissal would have to take place during the notice period, you can't dismiss anyone who no longer works for you.
A company is at liberty to carry out an investigation at any time and report findings to the relevant authorities if required

Aquamania

Alex1978 wrote: »

I have recently been suspended from work on full pay pending an investigation into gross misconduct. I have since emailed my general manager firstly to resign with immediate effect which was refused. I then emailed my resignation stating I would continue employment until my contractual period of notice was over, this was also refused. The reasons given were that due to the seriousness of the allegations against me they were unable to accept my resignation. Where do I stand as I dont want to stay employed with this company?? Please help.

You employer can refuse to accept your resignation with immediate effect as this is presumably in breach of your contract of employment.

Your employer cannot refuse to accept your notice to terminate that contract of employment, assuming it is in accordance with the terms of that contract.

What I don't understand is why they are objecting to either.
Has the employer given you any reason for wishing to keep you in full pay at this time? :huh:

Any suspicion of criminal activity is presumably currently being dealt with by the police, and that will not change if/when your contract of employment terminates.

Bigboris_2

What about if you don't have a contract of employment??
Can they still refuse your resignation and refuse to pay you if your under investigation??

[Deleted User]

If you don't have a contract of employment, you don't have anywhere to resign from.

sangie595

Bigboris wrote: »

What about if you don't have a contract of employment??
Can they still refuse your resignation and refuse to pay you if your under investigation??

If you have worked for someone, you have a contract of employment. It doesn't have to be written down.

You really need to start your own thread, give some information, and explain, if you want answers to anything. You can train, but that doesn't necessarily d stop anything. And you still have to provide notice. Refuse to pay you? Technically not, but in practice the answer may be more complicated. I can't really give any useful information based on two lines.