Can I Resign Before a
Misconduct Hearing?
Understand resignation rules, barred list implications, pension impact and what really happens if you leave during an investigation.
Executive Summary
Yes, you can resign. However, resignation does not automatically stop the process.
The hearing may continue. Barred list referral may still occur. Pension rights may still be reviewed. Resignation changes employment status, not the allegation.
1. The Basic Rule
Under Police Regulations, officers may submit resignation notice. However, if you are subject to gross misconduct proceedings, the force may still proceed to hearing even after resignation.
This is sometimes referred to as a “hearing in absence”.
2. Why Forces Continue After Resignation
Public Confidence
Barred List
Transparency
If resignation alone stopped the process, officers facing serious allegations could avoid barred list consideration. Regulations prevent that.
3. What Happens Procedurally?
- 1 Notice period may still apply.
- 2 Suspension may continue during notice.
- 3 Misconduct hearing may proceed (in absence).
- 4 Barred list referral may still occur if gross misconduct proven.
Resignation Outcome Overview
Estimate whether resignation will prevent a hearing or barred list referral.
Without a gross misconduct allegation, barred list referral is unlikely. Standard resignation processes should typically apply.
*Educational guidance only. Not legal advice. Procedural decisions are made by the Appropriate Authority.
4. Can You Avoid the Barred List by Resigning?
No.
This is one of the most common misunderstandings.
If the allegation meets the threshold for referral, resignation does not prevent barred list assessment. The College of Policing determines placement independently.
Read Barred List Guide →5. What About Pension Rights?
Resignation itself does not remove pension rights. If there is no criminal conviction and no forfeiture certification, your accrued pension is preserved.
Pension Forfeiture Rules →6. Strategic Considerations
Resignation rarely avoids a formal outcome once gross misconduct is formally alleged. It may only differ if misconduct is lower level or no barred list referral would trigger.
7. Can the Force Refuse Resignation?
Generally no. However, they may continue proceedings regardless. Resignation does not equal withdrawal of proceedings.
8. Public Outcome
If the hearing proceeds, the outcome may still be published, including your name, allegation summary, and barred list status. Resignation does not guarantee privacy.
9. Resignation Before Formal Proceedings
Even if you resign early, the force may record an internal conduct finding. Barred list referral depends on seriousness and evidence, not just timing.
10. Criminal Proceedings
Resignation does not affect criminal liability. Misconduct and criminal processes are separate.
11. Timeline Overview
Resign before hearing → Hearing continues → Gross Misconduct → Barred List.
Resign → No gross misconduct threshold → No barred list.
Resign early → Force assesses evidence → Referral possible.
12. Common Misunderstandings
If I resign, they cannot dismiss me.
RealityThey can still determine gross misconduct (would have been dismissed).
Resignation protects my pension.
RealityPension depends on conviction and forfeiture rules.
Resignation stops barred list placement.
RealityIt does not.
13. Emotional & Career Considerations
Resignation is significant. It may affect future employment, reputation, and re-entry into policing. Decisions should be based on a full understanding of the process.
Common Questions
Can a police officer resign before a misconduct hearing?
Yes, but the hearing may still proceed and barred list referral can still occur.
Does resigning stop gross misconduct proceedings?
No. Forces can continue the hearing in absence.
Can I avoid the barred list by resigning?
No. Referral may still be made.
Will I lose my pension if I resign before a hearing?
Not automatically. Pension forfeiture requires criminal conviction and certification.
Is resignation better than dismissal?
It depends on the specific circumstances and severity of the allegation.
"Resignation changes employment status. It does not erase process."