Facing suspension from your job can be an incredibly stressful and confusing time. If you are currently suspended from work, you may be wondering whether you should take the difficult step of resigning.
At Stephensons, we regularly advise employees in exactly this situation, offering legal guidance tailored to your circumstances. It’s important that you fully understand your rights, the implications of suspension, and the potential outcomes before making any decisions about your employment status.
Understanding what suspension from work means
Suspension is a neutral act that is often used by employers while they carry out investigations into allegations or concerns raised in the workplace. Being suspended does not mean that you are guilty of any misconduct or wrongdoing. Instead, it is commonly used to protect the integrity of the investigation and ensure that all parties involved are treated fairly.
There are two main types of suspension: medical suspension and disciplinary suspension. In most employment law queries related to resignation, it is disciplinary suspension that is in question. This typically occurs when an allegation has been made against you, and the employer needs time and space to investigate the matter thoroughly.
Should you resign if you’ve been suspended?
The short answer is: not necessarily. Resigning while you are under suspension can have serious implications, both legally and professionally. It is important to carefully consider your options, as resignation may not be in your best interest. If you resign immediately, you may forfeit your right to challenge any potential disciplinary outcome or to raise claims for unfair dismissal, discrimination, or constructive dismissal.
By remaining in your position throughout the investigation process, you are allowing yourself the opportunity to respond to any allegations, to defend your position, and to potentially clear your name. If you resign prematurely, particularly before fully understanding the allegations made against you, you could be perceived as accepting guilt or trying to avoid the outcome of the investigation.
Factors to consider before making a decision to resign
Every suspension is unique and several factors should be considered before deciding whether or not to resign:
- What are the allegations made against you, and have they been clearly communicated?
- Has your employer followed a fair and reasonable process during your suspension?
- Are you being provided with regular updates regarding the progress of the investigation?
- Do you feel you have been treated fairly and professionally throughout the process?
- Have you sought legal advice regarding your suspension and potential outcomes?
It is also important to consider the terms of your employment contract. Some contracts contain specific terms regarding suspension and resignation which may affect the notice period, benefits, or your eligibility to claim certain rights under employment law. A solicitor can help you review your contract in detail to ensure you are not unknowingly waiving rights through resignation.
Potential consequences of resigning while suspended
Resigning while suspended could impact your future employment prospects. Employers may question the circumstances of your resignation, and you could find it challenging to provide references or explanations during your job search. Additionally, if disciplinary action was imminent or already in progress, resigning might not prevent your employer from concluding the investigation or recording their findings.
In some cases, resigning may also affect your entitlement to certain payments. For example, you could lose the right to statutory redundancy pay or risk difficulties in obtaining Employment and Support Allowance or Universal Credit, depending on the nature of your departure and how it is perceived by the Department for Work and Pensions.
When resignation might be appropriate
While resignation is not generally recommended during suspension, there are exceptional circumstances where it may be the right step. If your employer behaves in a way that breaches your trust and confidence, such as treating you unfairly, subjecting you to discrimination, or failing to follow procedure, you may have grounds to resign and claim constructive dismissal.
Constructive dismissal occurs when an employer fundamentally breaches the terms of your employment contract, leaving you with no alternative but to resign. Proving constructive dismissal can be complex, and legal advice should always be obtained before taking this step. You will need to provide evidence of the breach and show that your resignation was directly linked to the employer’s conduct, not simply due to the suspension itself.
Role of legal advice during suspension
Obtaining legal advice during your suspension is essential. An experienced employment solicitor can ensure that your rights are protected, advise you on how to engage with the investigation process, and help you determine whether resignation is appropriate or potentially damaging. Legal advice is particularly important if your mental health or well-being is being affected by the suspension, if you are facing serious allegations such as gross misconduct, or if you feel that your employer is acting unfairly or unlawfully.
In some situations, it may be possible to reach a negotiated exit from your employment through a settlement agreement. This allows both you and your employer to agree on the terms of your departure, including financial compensation, a mutually agreed reference, and a clean break from further action. However, this approach requires careful negotiation and should only be undertaken with legal support.
Protecting your mental health during suspension
Suspension from work can take a significant toll on your mental and emotional well-being. Feelings of isolation, anxiety, and embarrassment are common, particularly if colleagues or friends become aware of the situation. It’s important to prioritise your mental health during this period and seek support where necessary, either through your GP, a mental health charity, or a counsellor.
Remember that being suspended is not the same as being found guilty of any wrongdoing. Taking care of your health will help you make clear, informed decisions and will better enable you to engage constructively with the process ahead.
Conclusion: make informed decisions, not hasty ones
Choosing whether or not to resign after being suspended from work is a serious decision that can have long-term repercussions. While it may feel like a quick solution to a difficult situation, it is rarely advisable to resign without first considering all your options and seeking specialist legal advice. At Stephensons, we help employees understand their rights, challenge unfair treatment and protect their interests throughout the disciplinary process.
If you are asking yourself “I have been suspended from work should I resign?” the best course of action is to pause, seek advice, and make an informed decision based on your legal rights and the specific details of your case.
If you need advice or support regarding suspension or resignation, speak to our employment law team on 0161 696 6170 or fill in our enquiry form.
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