By Tina Elliott and Lynda Macdonald
The disciplinary investigation is key to carrying out a fair disciplinary process. If a disciplinary process leads to an employee’s dismissal, an inadequate investigation may make the dismissal unfair. It is therefore important that investigating officers are made aware of the essentials of carrying out a reasonable investigation.
For a misconduct dismissal to be fair, the employer must establish a genuine belief on reasonable grounds, after a reasonable investigation, that the employee was guilty of misconduct (British Home Stores Ltd v Burchell [1978] IRLR 379 EAT). In misconduct cases, fair procedures must at the very least include a full and fair investigation and an opportunity for the employee to have their case heard.
In this guide, learn about:
- Acas code of practice on disciplinary and grievance procedures
- The purpose of the investigation
- Who should carry out the investigation?
- Defining the scope of the investigation
- Is suspension appropriate?
- Preparing for the investigatory interview with the employee
- Companions at investigatory interviews
- Failure to attend an investigatory interview
- Conducting an interview
- Interviewing witnesses
- Disclosure of witness statements
- Collecting documents
- Police investigations
- At the completion of the investigation
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About the author
Lynda Macdonald
Lynda Macdonald has worked for more than 20 years as a self-employed, freelance management trainer, adviser and writer specialising in employment law.
She regularly designs and conducts training courses on all aspects of employment law for a range of managers and supervisors in all sectors of industry.
Prior to setting up her own business in employment law and management training/consultancy, she worked as an HR manager in the oil industry for more than 10 years. She is also appointed as a panel member of the employment tribunal service in Aberdeen, Scotland.
Lynda is a university graduate in language and a chartered fellow of the CIPD. She has an LLM degree in employment law and practice.
Lynda has written numerous books on various aspects of employment law, all of which have been published by major national publishers. She has co-authored several other books, and currently contributes extensively to various HR and employment law hard-copy and online products.
Tina Elliott
Tina Elliott has been a solicitor for over 20 years and specialises in employment law. In the last few years Tina has concentrated on advising clients involved in healthcare in both the public and private sector.
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