When there is a possible disciplinary or grievance issue at work, the employer should carry out an 'investigation'. This is where they find out all they reasonably can about the issue.
An investigation is to:
- gather evidence from all sides
- find out if there is a case to answer
- make sure everyone is treated fairly
- help the employer to decide what should happen next
At any stage the employer can still look at whether:
- the issue can be resolved informally instead
- a formal procedure needs to carry on
Following a fair procedure
To maintain a good relationship in a disciplinary or grievance case, the employer must make sure they follow a fair procedure. The investigation is an important part of this.
If the employer does not carry out a reasonable investigation, any decisions they make in the disciplinary or grievance case are likely to be unfair. This could risk legal action.
Investigations are covered by the Acas Code of Practice on disciplinary and grievance procedures. If your organisation has its own policy or procedure for investigations, it must follow the Acas Code as a minimum.
If a disciplinary or grievance case reaches an employment tribunal, judges will look at whether the employer has followed the Acas Code of Practice in a fair way.
The Acas Code of Practice mainly applies to those legally classed as an employee. But to keep good working relationships, employers should follow the same fair procedure for all workers. Also, there could be other legal risks if they fail to carry out a fair investigation – for example, discrimination.
Training for employers and managers
You can book Acas training on conducting investigations.
Acas also offers free webinars – including investigations and disciplinary procedures.