Conducting a disciplinary investigation - line manager training

About the author

Darren Newman is an employment lawyer and consultant editor for XpertHR. He has over 30 years' experience in advising and training major government departments, commercial organisations, local authorities and public bodies on employment law issues.

XpertHR editor

Stephen Simpson is a principal HR strategy and practice editor who has worked on XpertHR's employment law and leading practice resources for over 20 years.

Introduction

When an employee is accused of misconduct serious enough to warrant disciplinary action, an investigation will be needed into the allegations to decide whether there is a disciplinary case to answer and the issue needs to proceed to a formal disciplinary hearing.

A fair investigation ensures that whoever conducts the disciplinary hearing has all the relevant information to allow them to make a fair decision. It is important to carry out an investigation to make sure that any disciplinary action that the organisation takes is justified and the right thing to do in the circumstances.

If we dismiss someone without carrying out a fair investigation, a subsequent employment tribunal is likely to decide that the dismissal was unfair.

This training is designed to help you to ensure that any disciplinary investigation that you conduct is fair and meets the standards that an employment tribunal requires of an investigation.