Who should carry out a disciplinary investigation?

The Acas code of practice on disciplinary andgrievance procedures states that different people should carryout the investigation and disciplinary hearing"where practicable". The person carrying out theinvestigation should not be involved in the matter inquestion in any way, for example as a witness.

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Also question is, what is the purpose of a disciplinary investigation?

A disciplinary investigation is a fact-findingmission. No more and no less. The purpose is to find out onthe balance of probabilities whether there is a case to answer. Itis not an exercise to find out whether you are guilty ornot.

Also, how do you carry out a workplace investigation? Learn how to investigate a workplace complaint.

1. Decide whether to investigate.
2. Take immediate action, if necessary.
3. Choose an investigator.
4. Plan the investigation.
5. Conduct interviews.
6. Gather documents and other evidence.
7. Evaluate the evidence.
8. Take action.

In this manner, who can you take to a disciplinary meeting?

The person who comes with you is called yourcompanion. You should also check your contract and youremployer's procedure on disciplinary meetings, as these saywho you are allowed to bring withyou.

What does disciplinary investigation mean?

A reasonable investigation is a vital part of afair disciplinary procedure. Taking time to establish thefacts behind disciplinary allegations can help toensure that employees feel they are being dealt with fairlyand could ultimately save employers from unfair dismissalclaims.

Related Question Answers

What is the notice period for a disciplinary hearing?

The employee must be given at least 48 hours'notice of a disciplinary or performancehearing. Hold the hearing before disciplinaryaction is taken to ensure the employee has an opportunity tochallenge the evidence before a final decision is taken againsthim.

What are the stages of disciplinary procedures?

A Step by Step Disciplinary Procedure-From Verbal Warningto Dismissal

• Informal counselling.
• Fair procedures and natural justice.
• Stage 1-Verbal warning.
• Stage 2-First Written Warning.
• Stage 3-Second Written Warning.
• Stage 4-Final Written Warning.
• Stage 5-Dismissal or action short of dismissal.

Can an employer appeal a disciplinary decision?

Thus it can be concluded that if anemployer wishes to reserve the right to review, in anappeal hearing, a sanction imposed by the chairperson of adisciplinary hearing, then this must be clearly stated inthe appeal policy and procedure, and furthermore theemployee should be warned by the chairperson of the

Can a family member accompany me to a disciplinary hearing?

Strictly speaking, there is no legal obligation on theemployer to allow the doctor to be accompanied at adisciplinary hearing by someone who does not meet thestatutory definition. Employers are entitled to restrict the choiceof companion to a trade union official or fellowworker.

Can I be accompanied at an investigation meeting?

As most employers know, under section 10 of theEmployment Relations Act 1999, employees have the right to beaccompanied to a disciplinary or grievance hearing byeither a trade union representative or a colleague. There is nostatutory right to be accompanied to an investigationmeeting.

How long should a grievance investigation take?

You should be allowed to call such witnesses asare reasonable when presenting your case. The grievancemeeting should normally be held within 4 weeks of yourgrievance and you should ideally be kept wellinformed by your employer of the progress of thegrievance.

Do employees have the right to be accompanied at an investigation meeting?

Employees do not have the statutoryright to be accompanied at disciplinary investigationmeetings. Although the statutory right does not apply toan investigatory meeting, an employee may have theright to be accompanied under the employer's own disciplinaryprocedure.

What is a fact finding meeting?

You have been called to a fact findingmeeting. The fact finding meeting is based on the premisethat there has been a problematic event or incident of some kind.The employer needs to ask questions to determine whathappened.

Can a support person speak in a disciplinary meeting?

A Support Person's Behaviour in theMeeting They can speak with the employee. If you deny anemployee a support person in a disciplinary meeting,and terminate their employment, they may commence an unfairdismissal claim against you.

How do you prepare for a disciplinary meeting?

If you find yourself the subject of a misconductinvestigation or invited to a disciplinary meeting, these are somegolden rules you should follow:

1. What are the allegations?
2. Obtain a copy of your employer's disciplinary procedure.
3. Always attend the disciplinary meeting.
4. Take a disciplinary statement.
5. Appeal.

Does gross misconduct mean dismissal?

Gross misconduct should not mean dismissalis an automatic sanction. Gross misconduct is behaviour, onthe part of an employee, which is so bad that it destroys theemployer/employee relationship, and merits instant dismissalwithout notice or pay in lieu of notice.