We have a query regarding workplace investigations and fairness of procedure. If an investigation is carried out by two investigation officers and they report to an investigation manager can that manager hear the case if he agrees there is a case to answer or must we refer it to a new manager to chair a disciplinary panel?

Posted in : First Tuesday Q&A NI on 2 September 2015
Emma-Jane Flannery
Arthur Cox
Issues covered:

If possible, you should refer it to someone independent at the disciplinary stage. The Labour Relations Agency’s Code of Practice on Disciplinary Procedures states that where possible, it is important to ensure that the individual holding the disciplinary hearing is not the person who conducted the investigation. If the investigation manager was a decision-maker or in any way involved at the investigation stage, his/her impartiality will be prejudiced, together with the fairness of your disciplinary procedure. Back to Q&A's This article is correct at 03/02/2015
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Emma-Jane Flannery
Arthur Cox

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