Does an employer risk a tribunal claim if it suspends an employee pending the outcome of a disciplinary investigation?
Who should carry out a disciplinary investigation?
If an employer wishes to suspend an employee during a disciplinary investigation, must it have a contractual power allowing it to do so?
For how long should an employee be suspended while a disciplinary investigation into alleged misconduct is carried out?
Must an employee on suspension while a disciplinary investigation is carried out remain available for work, or can he or she take a holiday during this period?
If an employee is suspended on full pay during a disciplinary investigation, can he or she insist that the employer communicate through his or her representative?
Should an employee be allowed access to the workplace and colleagues during his or her suspension while a disciplinary investigation is carried out?
How can an employee challenge a decision to suspend him or her pending the outcome of a disciplinary investigation?
Will an employee’s continuous service be affected by his or her suspension while a disciplinary investigation is carried out?
Will it always be necessary to hold an investigatory meeting with an employee suspected of misconduct?
There is no legislation on who should carry out a disciplinary investigation; the decision should be made on the basis of ensuring a fair investigation and avoiding any potential conflict of interest.
The investigation should be carried out by a management representative who is not the person who will conduct any resulting disciplinary hearing. This will not always be possible, for example in very small organisations. The Acas code of practice on disciplinary and grievance procedures (PDF format, 1.58MB) (on the Acas website) states that different people should carry out the investigation and disciplinary hearing "where practicable".
The person carrying out the investigation should not be involved in the matter in question in any way, for example as a witness. To avoid any suggestion of bias, the investigating officer should be someone who is not in the employee’s direct line of management, if this is practicable.
Ideally, the investigating officer will have received training on how to carry out a disciplinary investigation.
Who should carry out an investigatory meeting with an employee suspected of misconduct?
If an employee's misconduct is the subject of a criminal investigation, can the employer continue internal disciplinary proceedings?
If an employee is charged with, or convicted of, a work-related criminal offence, should the employer conduct its own investigation before taking disciplinary action?
Do employees have the right to be accompanied at disciplinary investigation meetings?
Where, following an investigation, the employer concludes that no disciplinary action is necessary, what should it do with the information gathered during the investigation?
What should the employer do if new evidence emerges after the conclusion of a disciplinary investigation, before the disciplinary procedure has been completed?
Where an employer suspects that an employee is working under the influence of alcohol, what action can it take?
Can an employee who is a witness to an incident be obliged to provide a witness statement?
Can an employer anonymise witness statements obtained during a grievance or disciplinary procedure?
When an employee who is subject to disciplinary proceedings raises a grievance, must the employer put the disciplinary proceedings on hold?
XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation