Carrying out a disciplinary investigation

When something goes wrong in the workplace it can be a difficult time for the employee and the employer. For a small business, conducting an investigation can sometimes feel overwhelming.

Some important things to think about when you have a case to investigate…

Appoint the right investigating officer - this can be the line manager, but sometimes this is not appropriate. Is the line manager a potential witness or could they be implicated? Do you need to appoint someone completely impartial?

Should the employee be suspended? - consider this carefully - are there any alternatives to suspension? Document your reasons for making a decision to suspend, so that you can demonstrate that it wasn’t a knee jerk reaction. Keep the suspension under review and keep in touch with the employee.

Follow the ACAS code - make sure you follow the ACAS code for disciplinary - an employment tribunal will take the code into account in any relevant cases and can provide a 25% uplift of any award for failure to follow the code.

Make a reasonable decision - undertaking a reasonable investigation including gathering witness evidence needs to take place so that the investigating officer can make a decision. The burden of proof is judged on the balance of probabilities, so the investigating officer needs to be satisfied that the allegations did take place. The more serious the consequences for the employee the more in depth the investigation should be.

At Stanley & Davis we can support you with this process - either by undertaking an independent and impartial investigation and/or disciplinary meeting for you, or by guiding you through the process.

Get in touch and we can chat to you about how we can give you immediate support.