Investigations are informal fact-finding meetings used to gather any relevant information on an employment matter. Investigation meetings provide an opportunity to speak with an employee who has been involved in, or privy to, information on a matter under investigation.
An investigation should be conducted whenever you’re faced with a serious disciplinary or employment issue. This includes, but is not limited to, allegations of misconduct, bullying, or harassment.
The workplace investigation process
The details of your workplace investigation process should be outlined in the Employee Handbook. That way, your employees will be aware that a formal investigation will be carried out and, depending on the outcome, what further action may be taken.
It’s important to note that the investigation should not be directed towards finding evidence against the accused. Instead, it should focus on establishing the facts of the allegations, be fair, unbiased, and reasonable. In the event of conduct or misconduct issues at work, you’ll need to comply with the Employment Rights (Northern Ireland) Order 1996. The employee would also have the right to be accompanied by another member of staff or a Trade Union Representative, as well as receiving copies of the evidence and statements gathered.
Suspending an employee
In some instances, it may be necessary to consider suspending an employee while you carry out an investigation. While on suspension, they would be entitled to their full pay and it must be made clear to them that this is not considered disciplinary action. Alternatively, you look at other options, such as agreeing on a temporary transfer to other duties or departments, another workstation without loss of pay, or allowing them to take annual leave.
An investigation isn’t always necessary but would apply where misconduct has been admitted by the accused, or where evidence exists that there’s a further case to answer.
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