I think...I THINK it depends....Good question! Any HR people on Tattle? Maybe if he resigns himself, they’re allowed to close the investigation stating that the subject of allegations was not available for interview?
Also, going to guess that if it turns out he’s unable to return to work due to ongoing MH issues but he refuses to resign, they have grounds for terminating his contract?
If an employee resigns and they are under investigation then it closes if there is no notice period worked....but say you give 4 weeks notice you would still conduct the investigation within the notice period.
If they resign and there is no notice period you should still keep info on file (not sure of GDPR timescales though) in case of re-employment.
I'm thinking also there is a judgement call.to be had...so if the complaint is considered minor then possibly suspend it and don't continue. (In the case of HE proof of the actual misconduct against the BBC)
But more severe cases, gross misconduct, illegal, it could damage the reputation of business and also involves employees that haven't resigned you would still conduct the investigation?
In the case of HE if he is not fit for work then there could be termination on medical incapacity, though obvs go through correct timescales and OH. The longer he remains an employee he would be eligible for sick pay and benefits.
Also there is a reputational perspective. What employer wants to sack someone who is off sick (if gross misconduct could be proved) ? And the reputation on the other side how do we view the BBC if they do nothing...?
Mmmm short answer I'm not sure ...
![Rolling on the floor laughing :rofl: 🤣](https://cdn.jsdelivr.net/gh/joypixels/emoji-assets@5.0/png/64/1f923.png)
Long answer above and hinges I think on proving gross misconduct....