The Manager's Toolkit

Investigation should normally be conducted by 2 managers and will usually take the form of interviews. Interviews should always involve the employee(s) concerned and other employees who may be able to provide evidence as a witness. In some cases, especially if there is a possibility of gross misconduct then the employee can be suspended from work (on pay) whilst the investigation takes place. This is to ensure a fair and impartial investigation takes place. HR must be informed – if not already involved – and they are required to confirm this in writing.

Key Point: An employee has no right to have a representative present at investigation meeting but can have one if they request one. Other employees or departments may also be involved to obtain relevant information.

Key Point: An employee suspected of misconduct must be informed that an investigation is taking place at the most appropriate early stage.

Key Point: it is normal practice – but not a necessity – that one of the managers present during an investigation is an HR Partner.

Key Point: Employees require 2 days notice of a disciplinary hearing and must receive all relevant investigation documents along with this notice.

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If the managers involved in the investigation decide that the actions or circumstances merit possible disciplinary action, then they would pass this on to another manager to conduct a disciplinary hearing.

Key Point: Always consult HR for guidance, advice and templates on letters.