10 Secrets on How To Conduct A Disciplinary Investigation

  1. Ensure that the company or the ACAS Disciplinary procedure is followed. In all matters try to avoid delay.
  2. Clarify what the main issues against the employee
  3. Is a period of suspension appropriate? Is it likely any evidence or co worker will be disadvantaged? The employee must be paid over the term of suspension.
  4. Obtain written statements from all witnesses and make notes of the discussion with the witness as the employee may challenge the comments.
  5. Collect all emails, communications, documents which prove or disprove the complaint.
  6. Examine employee’s work / personnel file.
  7. Approach the investigation on the basis that the employee is innocent. This is likely to give greater impartiality.
  8. Consider how the previous investigation was conducted and try to adopt the positive procedures. This demonstrates that the investigation is both reasonable and consistent.
  9. On consideration of all information gathered there are three options:-
    1. No further action and ensure that the employee suffers no disadvantage;
    2. Employee discussion, counselling or informal action to correct the situation;
    3. Arrange a hearing.
  10. The decision to proceed to a hearing must be reasonable. Consider the view of a court judge if he heard the reasons. Would the same action be taken against any other employee? If not is there any prejudice or discrimination?