Resignations During a Grievance Process - Issues Arising
Published on: 27/09/2023
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jennifer O’Neill Consultant, Byrne Wallace Shields LLP
Jennifer O’Neill Consultant, Byrne Wallace Shields LLP
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Jennifer O’Neill is a Consultant in the Byrne Wallace Shields LLP Employment Law Team.

Jennifer is an experienced employment law practitioner with considerable expertise advising clients on general employment law compliance issues. Jennifer provides both domestic and international clients with ongoing employment law support to include drafting and reviewing contracts and policies, advising on arrangements with independent contractors, advising on working time, leave arrangements, terminations, disciplinary and grievance procedures, compromise agreements and redundancies.

In particular, Jennifer’s experience includes advising and assisting with employment issues arising on the acquisition or sale of a business or corporate entity. This includes conducting due diligence reviews and risk analysis exercises and negotiating warranty and indemnity protection in asset and share purchase agreements. Jennifer regularly advises clients on the implications of the transfer of undertakings regulations, whether on the outsourcing of services or the lease or sale of a business and assists employers with the related consultation and employee benefit issues.

Employee grievances in the workplace can frequently be dealt with efficiently and amicably, but at times the process can become fraught, with those involved often under considerable strain.

Where an employee raises a grievance and subsequently resigns prior to the conclusion of the process or where an employee resigns and then raises a grievance, it can leave an employer in a difficult position. Should the grievance process be pursued? Did the employee resign in the “heat of the moment”?

Whilst such resignations are sometimes welcomed with relief by an employer, there is a misconception that the resignation automatically terminates the grievance process and that no further steps need to be taken by the employer. However, any resignation by an employee

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 27/09/2023
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