Editor's message: Where an employer is considering taking disciplinary action against an employee, it is essential that it carries out an adequate investigation, to establish the relevant facts before making a decision as to whether or not to proceed.
Employers should follow the principles of the Acas code of practice on disciplinary and grievance procedures when deciding on the extent of the investigation and who should carry it out. An investigation is likely to include interviews with the employee concerned and any witnesses to the alleged misconduct as well as consideration of any relevant documents.
Susie Munro, senior employment law editor
Suspending an employee suspected of misconduct can have a serious impact on their reputation, so it shouldn't be automatic in every disciplinary investigation. So when should you suspend an employee during a disciplinary investigation and how should you go about it?
A key case for HR, which was expected to go to the Court of Appeal in 2016, has settled. The Court of Appeal was expected to consider when improper influence by the HR department in disciplinary proceedings makes a dismissal unfair.
On this week's XpertHR Weekly, we discuss misconduct dismissals and the process that employers should follow.
The High Court has held that an employer breached its implied duty of trust and confidence towards an employee who was not allowed to be accompanied at a disciplinary investigation by his choice of companion.
Additional information on the law on disciplinary rules and procedures for local authority employers, including Green Book provisions and the involvement of councillors. To be read in conjunction with the general information on the law on disciplinary rules and procedures.
Additional information on the law on forms of termination for local authority employers, including termination of employment of the head of paid service, monitoring officer or s.151 officer and continuation of employment pending an appeal. To be read in conjunction with the general information on the law on forms of termination.
In Shrestha v Genesis Housing Association Ltd  IRLR 399 CA, the Court of Appeal held that an employer's investigation into an employee's inflated mileage claims was reasonable, even though it had not investigated in detail every implausible explanation offered by the employee.
The Court of Appeal has held that it was reasonable for the employer not to carry out a detailed investigation into an employee's explanations for unusually high travel expense claims as the employer had obtained sufficient evidence to decide that the employee's explanations were implausible.
HR and legal information and guidance relating to disciplinary investigations.