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Resignation

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paulos66 | 10:49 Mon 15th Oct 2007 | Jobs
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If someone went on the sick with stress pending a disciplinary, then decided to resign - can the employer refuse to accept the resignation
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No. But then it doesn't stop the employer following through with the discplinary action either, based on the events surrounding the period(s) of absence for sickness. Resigning a job requires giving due notice.
no, but if you apply for another job, and they write to your previous employer asking for a reference, they are entitled to say left pending disciplinary.
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Oh dear, that previous answer was wrong. Of course they can give a bad reference so long as it is factually correct.

To answer the original question, no they can't refuse to accept your resignation so long as you give the correct notice etc.
Twenty20 is correct - as long as the reference is factually correct the employer can give a bad reference.

Otherwise the reference it totally worthless.

:Providing you give the proper notice -usually but not always a month - the employer won't refuse to accept it. They may continue with the disciplinary however.
Which is kinda where we started.
I used to work for a major oil company and we regularly were advised by Human Resources to reject people's resignations if they were going through the discliplinary process - and give that as the reason why we couldn't accept it.

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