What Happens When an Employee Resigns During Investigation?
A staff member who is under investigation may consider resigning as they may believe that it is the best way to end the investigation process. They feel that resigning is the only alternative they must preserve their reputation. However, there are two possible scenarios when it comes to a staff member resigning during an investigation, which include:
- Resigning right away
- Resigning with notice
When an employee resigns immediately, then their contract will end. So, the most advisable thing to do is to keep the information obtained from the investigation for one year after the staff member's resignation.
It is necessary to keep the investigation details as it might be needed as proof in case the employee tries to sue the company. Retaining notes and documents acquired during the investigation process allows you to defend any type of claims made to an Employment Tribunal as your company will be able to prove that followed a lawful process.
In some situations, on the other hand, you may still need to carry on with the investigation until you reach a conclusion and can provide the previous employee with the alternative to still carry on being involved with the investigation process. On top of that, in case the worker resigns with notice, then the investigation should carry on throughout the staff member's notice period. If, during the employee's notice period, the investigation concludes that the worker is guilty and has really committed an action of misbehaviour, which include physical violence, stealing, indiscipline and negligence, then it will overrule the resignation and the staff member will be fired.
On top of that, many companies may also wonder if they need to provide a reference and, if they do, what to include in the former employee's reference. Employers aren't obligated to provide their former staff with a reference and if your previous employee was under an investigation, you decide whether you want to provide the reference or not. In case you decide to provide them with a reference, you don't need to go into details, but you should provide an honest, true and accurate information.
So, when writing a reference, it is also important to be fair when choosing what to include in it. For instance, avoid saying that the former employee was under an investigation for theft if the inspection proved that they hadn't done it.
In case you wish to obtain further information about employee investigation, get in contact with Private Investigator by calling 0800 061 4397.