Managing a disciplinary investigation can be complicated.
There’s likely to be a lot of emotion flying around and you must ensure you follow an exact process, as a poorly managed case could escalate to an employment tribunal.
- You must conduct a reasonable disciplinary investigation to ensure any action you take is fair.
- Make sure the investigating officer is not connected in any way to the allegations.
- There should not be an unreasonable delay to carrying out the investigations.
- Suspend the employee if it is necessary to ensure a fair investigation takes place.
- Arrange an investigatory meeting with the employee and take detailed notes of their account.
- Interview witnesses and take their statements.
- Ensure all documents associated with the allegations are collected as evidence.
- Prepare a document set and witness statement to be submitted to the disciplinary hearing, and to the employee in advance of the hearing.
- The employee does not have a statutory right to be accompanied to the meeting but your procedure may state they can.
- Call the Business Support Helpline, which is on-hand 24 hours a day for all employment law enquiries (MIA members have FREE access to this line).
Need some help with managing a disciplinary investigation? Could you benefit from some practical expert advice to help protect your business from a potential claim, or assistance with managing an on-going situation?
MIA members benefit from FREE advice from Croner. Email firstname.lastname@example.org or call 01403 800500 for the exclusive Business Support Helpline scheme number.