Why is a thorough investigation important in disciplinary cases? Is it a legal requirement?

Posted in : First Tuesday Q&A NI on 4 September 2012
Arthur Cox
Arthur Cox
Issues covered:

There is no statutory obligation to carry out an investigation before a disciplinary matter. However, it is the investigation process which will identify whether there are grounds to instigate disciplinary procedures.

The Labour Relations Agency’s Code of Practice on Disciplinary and Grievance procedures (as amended in April 2011) states that in relation to conduct and capability matters, the employer must establish the facts when a potential disciplinary matter arises and make necessary investigations to do so, promptly before memories of events fade. Having established the facts, the employer should decide whether to drop the matter, deal with it informally or arrange for it to be handled

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

View all articles by Arthur Cox