What is the latest advice when it comes to disciplinary investigations? Is it best to separate the role of investigator from decision-maker at the disciplinary hearing? Our procedures are silent on this – are we likely to come unstuck at a tribunal of the person who carried out an investigation also convenes a formal meeting that might lead to dismissal etc?

Posted in : First Tuesday Q&A NI on 1 July 2014
Emma-Jane Flannery
Arthur Cox

Once the decision is taken that an investigation is required, the employer needs to consider who should conduct the investigation. In most cases, the employee's immediate line manager will be the appropriate person.Sometimes the employer's own procedure (which may be contractual) stipulates who is to conduct an investigation.

In some larger public sector employers, for example, it will be a requirement of the disciplinary procedure that the person conducting the investigation is in fact a manager from outside the employee's own reporting line so that the investigation can be carried out

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

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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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