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How to handle a situation where new allegations come to light during a disciplinary investigation

Author: Tina Elliott

Summary

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  • Be aware that the Acas code of practice on disciplinary and grievance procedures contains guidance on dealing with workplace disciplinary issues.
  • Fully investigate any new allegations that come to light during a disciplinary investigation.
  • Where the employee has remained at work during the initial investigation process, consider if the new allegations indicate that the employee's ongoing presence in the workplace could represent some sort of risk making paid suspension appropriate.
  • Inform the employee that the investigation into the new allegations will result in a brief delay in the process.
  • If you intend to rely on the new allegations against the employee at a disciplinary hearing, ensure that he or she is informed of the new charges and has a full opportunity to answer them.
  • If the new allegations concern other employees, commence an investigation in respect of those employees.
  • Consider if new allegations concerning other employees could amount to mitigation for the first employee's actions.