Does an employer risk a tribunal claim if it suspends an employee pending the outcome of 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?
Who should carry out a disciplinary investigation?
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.
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