Resigning During a Prison Officer Investigation: What Happens

In shortResigning does not end the matter: HMPPS can complete the investigation and decide on exclusion in your absence.

Many people under investigation think that leaving ends the matter. In England and Wales, HMPPS policy is built to prevent exactly that assumption.

The Exclusion from Working for HMPPS Policy Framework was issued on 14 October 2024 and is in force from 1 January 2025. The counter corruption policy is even more explicit: corruption allegations must be formally resolved after resignation.

In shortThe framework lets HMPPS exclude people who resign during an investigation, for up to ten years or indefinitely, with a 15 working day appeal.

On the other side of the ledger, the framework says poor performance alone is not a reason to exclude.

If the process you are in is a performance or capability one, resignation does not bring the same risks, although you should still consider your tribunal rights and pension. See our guide to poor performance and capability.

The register

A central record of people excluded from working for HMPPS in any capacity. It applies to directly employed and non-directly employed staff who are dismissed for gross misconduct, or for misconduct that poses an underlying safety or security risk, and it applies where a person resigns during an investigation.

The decision

Made on the balance of probabilities, after a meeting with the individual, which may proceed in their absence if they decline or do not attend. A written notice must explain the decision and the appeal rights.

Length and scope

Exclusion may be for up to ten years or indefinite, and may apply to one establishment or unit, a category of establishment or the whole of HMPPS. A person who is suspended pending an investigation can be temporarily excluded, so that they cannot move to another HMPPS job to escape the process.

Appeal

Write to Personnel Security Vetting within 15 working days of the notice; the appeal is decided in correspondence by a Prison Group Director, Regional Probation Director or Deputy Director. If a criminal investigation is running, the time limit for the appeal is paused.

In shortResigning is understandable after a long process, but it usually gives up your hearing, appeal and unfair dismissal route.

People resign for understandable reasons: to avoid the stress of a long process, to start a new job, to avoid a dismissal on their record, to protect their health, or because they believe the outcome is already decided.

The Moorland case, whose judgment was published on 29 September 2026, shows how long a process can take. A process of that length is draining, and it is not unusual to feel that leaving would be a relief.

In shortResigning does not forfeit your accrued pension by itself, but it closes off ill-health retirement, so ask for quotes first.

• 2+ years' alpha serviceDeferred pensionPayable from normal pension age, or early from 55 (57 from 6 April 2028) with a reduction
• Under 2 yearsRefundYou may be entitled to a refund of contributions
• Ill-health retirementClosed offDeferred members cannot get it

Resigning does not by itself affect your accrued pension. Your normal pension age is the later of your State Pension age and 65. Resignation does not prevent forfeiture rules applying after a conviction, nor the recovery of debts and losses from criminal, negligent or fraudulent acts. See our guide to misconduct and your pension.

If you are off sick, resigning has its own implications for sick pay, and for your right to benefit from any ongoing attendance support.

Contractual notice is set by your contract, and employers can ask you to work notice or place you on garden leave. We could not verify HMPPS-specific rules on notice during an investigation and do not state them. The sick pay calculator can help you model the pay position if you are absent.

In shortUnfair dismissal needs a dismissal, but discrimination and whistleblowing claims can still be brought after you leave, within strict time limits.

The time limits are strict. GOV.UK says you usually have to make a claim within 6 months of your employment ending or the problem happening, and the Government's timeline update records that the six-month limit took effect on 1 October 2026 for most claims.

You must tell Acas before claiming, and the time limit is paused during early conciliation.

The qualifying period for ordinary unfair dismissal is two years up to 31 December 2026, and six months where the effective date of termination is on or after 1 January 2027, with the compensation cap removed from that date under SI 2026/559. Take advice on the dates, because transitional rules apply.

POA legal assistance is not retrospective: the POA legal handbook says that no initial advice or assistance is given for proceedings started or under investigation before the person joined or re-joined.

If you are not a member and are under investigation, ask the POA whether you can get help. Do not assume that joining now gives cover for the current matter.

In shortAn exclusion withdraws your vetting status, and reference policy is not published, so be honest with any future vetted employer.

When an exclusion is reported, the vetting team withdraws your security vetting status.

If you are not excluded, the investigation outcome may still be recorded, and vetting policy requires staff to report changes in circumstances, including disciplinary procedures and security incidents including employer sanctions for code of conduct misconduct. A future vetted employer will ask about your history and expect honest answers.

See our guides to security clearance withdrawn and misconduct and future employment.

References

HMPPS reference policy is not published and we cannot say what a reference will state for someone who resigned during an investigation. Employers are generally expected to give factually accurate references, but there is no general duty to provide one. If you are negotiating terms, ask for the agreed reference to be put in writing.

Honesty

Never mislead a future employer about the circumstances of your leaving, because an omission discovered later can be a separate ground for refusal or dismissal.

Continuing duties

The Civil Service Code, which bound you as an HMPPS employee, expects honesty and integrity. Resigning does not remove your continuing duties on confidentiality and the Official Secrets Act, and a post-employment disclosure of confidential material can have separate consequences.

In shortA criminal investigation is separate from employment: resigning will not stop police or CPS action.

• Misconduct in public officeLifeMaximum; expressly covers prison officers and staff of contracted prisons (CPS guidance)
• Prison Act 1952 s.40BUp to 10 yearsConveying List A items without authority
• Public Office (Accountability) BillNot lawLords second reading 1 September 2026; committee days from 12 October 2026

If the matter involves possible offences, such as misconduct in public office or conveyance offences under the Prison Act 1952, the criminal process is separate. The Public Office (Accountability) Bill would replace the common law offence of misconduct in public office.

It is not law, and we have not verified whether it will cover every prison officer.

HMPPS policy says that staff must support police and CPS with statements and evidence, and that the police Senior Investigating Officer, in consultation with HMPPS, decides priority between the criminal and disciplinary tracks in corruption cases.

In shortSlow down: test whether resignation really delivers what you want before you hand in notice.

If you are thinking about resigning, slow down. Take the time you can. Write down what you want to achieve: leave the service, protect your health, avoid a dismissal, or something else. Then test whether resignation really delivers that, given what you now know about the investigation, exclusion, vetting and pension.

Where you are determined to leave, ask your union rep or solicitor whether it would be better to resign after the hearing or appeal, or as part of an agreed settlement, and make sure you know the tribunal time limit and your pension options before the last day.

Our general guide to what happens after dismissal and to the disciplinary process will help you weigh up the alternatives.

1. Ask in writing what stage the investigation is at and what the allegations are.
2. Speak to your POA rep or a solicitor before you resign or agree anything.
3. Ask HR for pension quotes and ill-health or early-retirement advice.
4. Ask what reference and vetting information will be given.
5. If a settlement is offered, take independent legal advice and ask for it in writing.
6. Diarise the six-month tribunal limit and the 15 working day exclusion appeal window.