Clare's insights were published in People Management, 31 July 2026, and can be seen here.
Clare Brennan, Partner in our Corporate & Commercial team, explains that an employee's resignation does not automatically remove legal risk for employers. While a former employee who resigns cannot bring an unfair dismissal claim, they may still pursue other employment-related claims, including constructive dismissal, depending on the circumstances.
This follows a recent misconduct hearing involving former Staffordshire Police chief constable Chris Noble, it highlights that an employee’s resignation does not always bring disciplinary proceedings to an end. Noble resigned shortly before a scheduled disciplinary hearing into allegations that he had breached professional standards, but an independent panel proceeded in his absence and concluded that he had committed gross misconduct. The panel found that he would have been dismissed without notice had he remained in post.
The case has prompted discussion among employment law specialists about how employers should respond when an employee resigns ahead of disciplinary action.
Clare warned that employers should not become complacent simply because an employee has left the organisation. Instead, they should continue to act reasonably, follow a fair process and keep clear records of their actions. This approach helps protect employers against potential legal challenges and demonstrates that matters have been handled appropriately.
Read the full article on the People Management website [external link].