These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.
Q: “Rather than dismiss unsuitable employees we ask them to resign. This preserves their dignity. Are we at any risk?”
A: You certainly are. A court would construe a resignation made under pressure as a dismissal and almost certainly an unfair one. If you ask someone to resign, there is pressure, even if they have a choice. Therefore carry out your investigation and conduct a proper disciplinary interview. If dismissal is then the appropriate response, dismiss clearly.
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