When there is a possible disciplinary or grievance issue at work, the employer should do an 'investigation'. This is where they find out all they reasonably can about the issue.
An investigation is to:
- gather evidence from all sides
- see if there is a case to answer
- make sure everyone is treated fairly
- help the employer to see 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
Following a fair procedure
To protect everyone involved 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.
Training for employers and managers
You can book Acas training on conducting investigations.
Acas also offers free webinars, including on investigations and disciplinary procedures.