How to deal with a resignation during a disciplinary process

How to deal with a resignation during a disciplinary process

One of the issues identified in the Oxfam scandal earlier this year was that some of the perpetrators were allowed to resign instead of being dismissed when their behaviour came to light. This allowed them to obtain similar roles in other aid agencies, where no doubt they continued their unacceptable behaviour. Here at CHaRM we have always advised our clients against putting control of a dismissal or a disciplinary process in the employee's hands by accepting a resignation. There are lots of reasons for our approach. What has come out of the Oxfam scandal is that the individuals who sexually abused vulnerable people suffered no negative consequences for their behaviour. This has not been part of our argument for not accepting resignations before, but it may become so in the future.

Employers often think that accepting a resignation during a disciplinary or dismissal process is an easy option - it saves time if nothing else. The fall-out from the Oxfam scandal is evidence of why this is a bad move. Hopefully the fall-out from most businesses won't be anywhere near as severe as in this case, but even so, why put control of an employment process in someone else's hands?

So, how do you deal with a resignation in a disciplinary or dismissal process?