Investigations
In the event of employee misconduct or a grievance being raised within the workplace, the employer will be required to carry out a workplace investigation. The thoroughness of the investigation should be equivalent to the severity of the issue. For example where gross misconduct is suspected or a grievance of a serious nature is raised, the employer will be expected to carry out a thorough investigation.
The company should appoint an appropriate Investigation Officer. The role of the Investigating Officer is to conduct a full investigation into the background of an incident, to gather the facts and present findings. The representative is typically a senior employee within the business that is impartial to the case, or can be an individual appointed externally from outside of the business e.g. a HR Consultant.
It is important that the representative responsible for the investigation is aware of their role, and that they explore all of the facts, including any previous incidents. They are also responsible for ensuring the process is fair and carried out without reasonable delay.
An investigation may include:
- Reviewing the employees personnel file for previous incidents, or establishing if there are any active warnings on file
- Discussing the incident with other employees, or witnesses, and including investigation interviews
- Checking information, for example: emails, recordings, CCTV (subject to the relevant laws on the use of this information)
Following the investigation, the representative is responsible for presenting their findings in a report, and if instructed to provide recommendations of the next steps, which may lead to disciplinary action.
Notetaking
A notetaker will also be required for an investigation, disciplinary, or grievance matter. The notetaker is responsible for documenting the discussions in the meeting, recording a summary of the meeting discussions and what was said and by whom. The notes will provide a vital record of the employer meeting their obligations to carry out full and fair processes in grievance and disciplinary matters.
Responsibilities include:
- Supporting the person Chairing the meeting e.g. coordinating the meeting arrangements
- Writing up accurate minutes, capturing discussions and actions
- Presenting written up minutes to the person chairing the meeting, for inclusion in any outcome communication, for example, in the disciplinary outcome
It is best practice to circulate the meeting minutes, to seek agreement that they are an accurate account of the discussions and actions. After the meeting, the minutes should be circulated to the attendees of the meeting.
At Nockolds HR we provide support in the Investigation and Notetaking processes. For further information and to discuss your Investigation and Notetaking requirements, please contact the Nockolds HR team on enquiries@nockoldshr.co.uk or call on 0333 400 7920.