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Disciplinary Investigation

Advice & Considerations for Businesses
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We explore Disciplinary Investigations

If you are experiencing an issue in this area, you may find this article gives you some pointers and highlights some further action.

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Disciplinary Investigation

At some point, you will face a situation where it comes to light that an employee’s conduct may have fallen below the standard expected of them, or there is an allegation of wrongdoing on their part. In such circumstances it is important to follow the disciplinary procedures of the organisation.

Remember that an allegation of wrongdoing is not proof of anything in itself: it is always necessary to investigate whether or not the allegations should progress to a disciplinary hearing. The hearing will then determine, based on all the evidence, whether or not there was wrongdoing on the part of the individual concerned.

  • Have a robust disciplinary procedure and follow it
  • Remain open minded, do not to rush to judgement
  • Undertaking a thorough, objective and sensitive investigation

A flawed or non-existent investigation is likely to prevent the truth from being exposed, and could prompt inappropriate action to be taken. The risks of this approach and subsequent outcome are considerable. If the employee in question is dismissed, they may bring a claim of unfair dismissal, or constructive dismissal.

One option is to have an independent organisation, carry out the disciplinary investigation, undertaking the interviews, reviewing the evidence and suppling an investigation report with recommendations and next steps. We can provide this service, benefiting your business in many ways including reducing the likelihood of an allegation that the disciplinary process was a foregone conclusion. An independent disciplinary investigation provides an additional level of scrutiny.

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