- Ensure that the company or the ACAS Disciplinary procedure is followed. In all matters try to avoid delay.
- Clarify what the main issues against the employee
- 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.
- Obtain written statements from all witnesses and make notes of the discussion with the witness as the employee may challenge the comments.
- Collect all emails, communications, documents which prove or disprove the complaint.
- Examine employee’s work / personnel file.
- Approach the investigation on the basis that the employee is innocent. This is likely to give greater impartiality.
- Consider how the previous investigation was conducted and try to adopt the positive procedures. This demonstrates that the investigation is both reasonable and consistent.
- On consideration of all information gathered there are three options:-
- No further action and ensure that the employee suffers no disadvantage;
- Employee discussion, counselling or informal action to correct the situation;
- Arrange a hearing.
- 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?
