Should the investigating manager generally be different to the manager who sits on the disciplinary panel?
Posted in : First Tuesday Q&A NI on 5 December 2017
Chris Fullerton
Arthur Cox
Yes, it is important to ensure that, where practical, the individual holding the disciplinary hearing is not the same person who also conducted the investigation. Otherwise, the decision-maker may not be seen to be impartial. Where an employee has been suspended it is also preferable in a larger organisation if the person who took the decision to suspend is not conducting the disciplinary hearing, for the same reason.
Failure to do so may well impugn the fairness of any disciplinary process, however, the relevant case law has established that it will not necessarily make a subsequent dismissal unfair in every case.
Regard should also be had as to the question of who might hear any potential
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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