When an investigation might be necessary
An investigation is the first step in addressing an employer’s concern about an employee, or a concern or request that an employee has raised with his or her manager.
The key purpose of an investigation is to discover all the relevant facts and information in a fair, reasonable and objective manner.
If a employer is confronted with a situation that needs to be actioned, but fails to carry out a proper investigation within a reasonable time, it could lead to valuable evidence being destroyed and potentially costly tribunal claims for discrimination, unfair dismissal and breach of contract.
The necessary length and detail of an investigation will depend on the circumstances. Employers will encounter a number of situations where an investigation might be necessary, including:
- When an issue of alleged misconduct has been raised, in order to ascertain whether or not formal disciplinary proceedings should be commenced;
- If they are concerned about a poorly performing employee;
- On receipt of a grievance, for example when an employee alleges that he or she should have been promoted over a colleague;
- On receipt of a customer complaint;
- when alerted to a problem between colleagues;
- when alerted to an employee experiencing stress.
Free Conducting Investigations Download
How to conduct an investigation, including practical guidance on dealing with witnesses and documents, and suspension during the investigation. While disciplinary investigations may be the most common form of investigation, much of the guidance would apply equally to other situations where an investigation may be necessary, for example on receipt of a grievance or where an employee is underperforming or suffering from stress.
Download the free conducting investigations download here.
Employer’s that are about to undertake a formal investigation or disciplinary process should contact an advisor at Laveer and have your FREE consultation to discuss and explore your options with a legally trained advisor.
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