Following an allegation of employee misconduct the ACAS Code of Practice and case law calls for a fair and thorough investigation to establish the facts of the case. For any number of reasons you may not have someone internally who can carry out that investigation. You may not have a manager with the necessary free time, confidence or training. You may be short of numbers if you have to keep senior managers in reserve for a future disciplinary hearing and appeal. You may have no HR Manager or very limited HR resources. If this is you we can help.
Many employers look for external support. There is no rule to stop your solicitor carrying out an investigation. This could become a little tricky however as you often need your solicitor to give you legal advice on the dispute generally. That advice is confidential and protected by legal privilege. This vital protection would not extend to the work of an investigating officer. It follows that there could be some problems with your employee concerning which documents (eg. emails, letters, reports, notes etc) should be disclosed because they were produced as part of the investigation and which fall under confidential legal advice.
To overcome this problem we have developed a network of trusted HR consultants who can help carry out fair and thorough disciplinary investigations and hearings. The costs are less than you might think and the comfort of knowing you have professionals dealing with it for you is priceless.
To discuss how we can help with disciplinary proceedings or for more information on this blog please do not hesitate to contact our experienced Employment team for a free and confidential discussion on 01924 387 110.