Good Practice in Investigations

Emer Hinphey writes:


Q. I am a small employer and have limited resources when it comes to dealing with disciplinary issues. When and how do I approach the investigation part, do I really need to do an investigation if the issue is cut and dried?


1. Introduction

At the heart of employment protection legislation is the concept of fair and reasonable treatment of employees. The Industrial Tribunals will require an employer to demonstrate that they have acted ‘reasonably’ when coming to a decision concerning discipline or dismissal. It is considered unreasonable to make any decision which has a sanction attached to it, without proper investigation of the facts. This applies to all employers, large