What should the employer do if new evidence emerges after the conclusion of a disciplinary investigation, before the disciplinary procedure has been completed?
If new evidence emerges after the investigatory stage of the disciplinary procedure has been completed, the employer should ensure that it is investigated. This may mean that it has to postpone the disciplinary hearing, if it has already been scheduled.
If the investigation into the new evidence concludes that no disciplinary action should be taken, the employer should inform the employee of this in writing. If the original investigation concluded that disciplinary proceedings were not required, the employer can reverse this decision and proceed with the disciplinary process if the new evidence warrants this. The employer should give details of the new evidence to the employee prior to the disciplinary hearing to enable them to respond.
If new matters arise during the hearing itself and a fair decision cannot be reached without further investigation, the hearing should be adjourned to a later date to allow that investigation to take place.