When an employee has submitted their resignation, they have made the decision to move on.

Although this is not always the case, employers often find that the employee's work performance and/or general attitude at work diminishes, this can include distracting or disrupting the remaining workforce, malingering, lateness, unplanned absence to name a few. Sometimes it gets to the point that continuing to attend work is no longer conductive with the operational needs of the business. 

So what are the options?  Having a word with the employee will sometimes improve the situation but if it doesn't, there is little point in going through a formal process to address the conduct or work performance. 

Employers would need to consider what is in the contract of employment and whether they have the contractual right to ask the employee to leave immediately and make a payment in lieu of notice or to place the employee on Garden Leave.

It is always beneficial for both the employer (and the employee) to have comprehensive contracts of employment to clearly set out the terms of employment and to maximise flexibility for all sorts of scenarios. 

If you need guidance or advice with your HR requirements, please call Practical HR on

01702 216573 or email Angie on


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