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Do I need to do an investigation?

Do I need to do an investigation?

If you have a concern about an employee’s conduct, for example, they are regularly late to work, they have failed to follow a reasonable instruction or company procedure. Or where concerns about an employee have been raised with you. An investigation is the first step in addressing these concerns.

The purpose of investigation is to discover all relevant facts in a fair, reasonable and objective manner.

Did you know that failure to investigate could lead to evidence being destroyed and potential tribunal claims.


What does the ACAS guidance say about investigations?

“An investigation is a fact-finding exercise to collect all the relevant information on a matter. A properly conducted investigation can enable an employer to fully consider the matter and then make an informed decision on it. Making a decision without completing a reasonable investigation can make any subsequent decisions or actions unfair and leave an employer vulnerable to legal action.”

 

An investigation is to:

  • see if there is a case to answer.
  • make sure everyone is treated fairly.
  • gather evidence from all sides.
  • help determine what should happen next.

At any stage the employer can still look at whether:

  • the formal procedure needs to carry on.
  • the issue can be resolved informally instead.

 

Can the problem be resolved in an informal way, maybe the quickest and easiest solution?

Can you try solving the issue by:

  • privately talking with them and any other staff involved
  • listening to their point of view
  • agreeing improvements to be made
  • setting up a training or development plan where appropriate

If you deal with an issue, informally remember to make a note of the action you have taken and the reasoning for it at that time. You may need to refer to the discussions / actions at a later stage.


The importance of a thorough investigation

  • A reasonable investigation is fundamental to a fair procedure.
  • Evidence of a thorough investigation is essential for defending tribunal claims.
  • It saves time and costs in the future because you have the evidence to back up decisions.


Collating, reviewing documentation and writing up the investigation report makes up bulk of many investigations.

If you want to ensure that the investigation is thorough but don’t have the time to dedicate to this, I can support, get in touch today 📲 01905 900080.

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