Letter to an employee who has resigned whilst on suspension

The Letter to an employee who has resigned whilst on suspension should be used where an employee resigns during a period of suspension, before the employer has decided what investigatory or disciplinary action, if any, should follow.

It is particularly relevant where the suspension relates to alleged gross misconduct and the employer needs to clarify the employee’s position before deciding how to proceed.

When to use this resignation during suspension letter

This letter should be used when an employee appears to have resigned while suspended and the employer wants written confirmation that the resignation is genuinely intended.

It is useful where the employer does not want to treat an unclear or impulsive resignation as final without first giving the employee the chance to confirm their position.

Why this letter matters in a gross misconduct investigation

An employer may suspend an employee while allegations of gross misconduct are investigated. Gross misconduct must be serious enough to justify summary dismissal, and it is for the company to decide, acting reasonably, what conduct amounts to gross misconduct.

If the employee resigns before that process is complete, this letter helps the employer respond in a measured and documented way.

What the letter covers

The letter gives the employee an opportunity to confirm that it is genuinely their intention to resign.

It also makes clear that, if the employee retracts the resignation, the employer will continue with the investigation or disciplinary process.

Letter to an employee who has resigned whilst on suspension is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.