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
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
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