Disciplinary and Grievance Procedures and Investigations

In the modern era, it has never been more important to establish through appropriate policies and procedures effective and compliant disciplinary and grievance processes regardless of the size of business. This is because the ACAS Code of Practice in Discipline and Grievance Procedures is highly influential upon employment tribunals when decisions are being reached. Therefore, compliance with the code is imperative if damaging outcomes are to be avoided. 

It is often not appreciated that in order for a dismissal to be lawful, not only must the reason be fair, but the process undertaken must also be fair, i.e 1 out of 2 is not good enough. It is this second element that employers frequently fall foul of. Not only must the disciplinary and/or grievance hearing and appeal be properly conducted, but prior to any hearings a proper investigation should be carried out that satisfies the requirements of what is frequently referred to as the "Burchell Test".

We can act as independent investigators for sensitive and high profile disciplinary and grievance matters.  We interview the witnesses and determine whether, in accordance with the law and evidence, there is a case to answer.  The report and its author become very important in subsequent tribunal proceedings, and we undertake to carry out investigations with rigour so as to ensure they stand up to challenge and scrutiny.

Need an independent investigator?